Legal Opinion

Gerke v. City of New York

New York Supreme Court

Decided November 19, 1946Published

1Opinion of the CourtShientag, J.

The motion is for an examination before trial of the defendant City of New York, by persons in its employ having knowledge of the facts. The action is by an administratrix against the city, under the provisions of section 50-d of the General Municipal Law, which reads as follows: ‘ ‘ Municipal liability for malpractice of certain physicians and dentists in public institutions. Every municipal corporation, notwithstanding any inconsistent provision of law, general, special or local, shall be liable for, and shall assume the liability, to the extent that it shall save him harmless, of any…

2Cases cited5 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Derlicka v. LeoNew York Court of Appeals · 1939
  3. Mieryjeski v. Bay Ridge Sanitarium, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Weyhrauch v. MillerAppellate Division of the Supreme Court of the State of New York · 1933
  5. Mackrell v. City of New YorkNew York Supreme Court · 1944

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