Legal Opinion
Kaniecki v. Yost
New York Supreme Court
Decided August 28, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Mintz, J.
All defendants move for summary judgment on the grounds that the complaint fails to state a cause of action recognized in New York. In addition, defendants Children’s Hospital of Buffalo, Inc. (Children’s) and MDS Diagnostic Imaging Group, Inc. (MDS) move for summary judgment on the grounds that the allegations of malpractice against them, even if true, did not proximately cause the injuries complained of.
The complaint states three theories of recovery. The first is on behalf of Derek Kaniecki for wrongful death and personal injuries. The second, based…
2Cases cited17 opinions
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Endresz v. FriedbergNew York Court of Appeals · 1969
- Lynch v. Bay Ridge Obstetrical & Gynecological AssociatesNew York Court of Appeals · 1988
- Norman v. MurphyCalifornia Court of Appeal · 1954
- Martinez v. Long Island Jewish Hillside Medical CenterNew York Court of Appeals · 1987
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3Cited by2 opinions
- Doyle v. Van PeltNew York Supreme Court · 2001
- Maher v. YoonAppellate Division of the Supreme Court of the State of New York · 2002