Legal Opinion

Schuller v. Martinelli

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2003PublishedCited by 5 opinions

1Opinion of the CourtRose, J.

Appeal *968from an order of the Supreme Court (Sheridan, J.), entered February 3, 2002 in Albany County, which granted defendants’ motion for summary judgment dismissing the complaint.

After her husband (hereinafter decedent) died due to a myocardial infarction, plaintiff commenced this medical malpractice action claiming that defendants’ repeated rescheduling of decedent’s cardiac catheterization breached their duty to timely diagnose and treat him. Moving for summary judgment, defendants asserted that decedent himself had cancelled the catheterization and that he had refused to reschedule the…

2Cases cited9 opinions

  1. Fiore v. GalangNew York Court of Appeals · 1985
  2. Mosberg v. ElahiNew York Court of Appeals · 1992
  3. Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
  4. Horth v. MansurAppellate Division of the Supreme Court of the State of New York · 1997
  5. Rossi v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Postlethwaite v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Bell v. Ellis HospitalAppellate Division of the Supreme Court of the State of New York · 2008
  3. Hoffman v. PelletierAppellate Division of the Supreme Court of the State of New York · 2004
  4. DeLorenzo v. St. Clare's HospitalAppellate Division of the Supreme Court of the State of New York · 2010
  5. Gage v. DutkewychAppellate Division of the Supreme Court of the State of New York · 2004

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