Legal Opinion
Bush v. St. Clare's Hospital
New York Court of Appeals
Decided September 9, 1993PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendant hospital’s motion for summary judgment denied.
It is well settled that proponents of motions for summary judgment must establish the cause of action or defense sufficiently to warrant the court as a matter of law to direct judgment in their favor (CPLR 3212 [b]), and by evidentiary proof in admissible form (Zuckerman v City of New York, 49 NY2d 557, 562). Defendant hospital failed to meet that standard. A question of fact exists as to whether breach of its duty to supervise, if…
2Cases cited1 opinion
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
3Cited by15 opinions
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Farrugia v. North Shore University HospitalNew York Supreme Court · 2006
- Cole v. O'Tooles of Utica, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Howard v. J.A.J. Realty Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
- Zandri Construction Corp. v. WolfeAppellate Division of the Supreme Court of the State of New York · 2002
10 more not listed; retrieve them via the Exa API.