Legal Opinion

Augeri v. Massoff

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

Decided November 9, 1987PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, the defendant Smithtown General Hospital appeals, as limited by its brief, from so much of an *308order of the Supreme Court, Suffolk County (Gowan, J.), dated May 21, 1986, as denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The movant, the defendant Smithtown General Hospital, did not meet its burden of setting forth evidentiary proof in admissible form to establish its defense sufficiently to entitle it to judgment…

2Cases cited3 opinions

  1. Felice v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1978
  2. Coley v. Michelin Tire Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Fisher v. KavoussiAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by6 opinions

  1. Holtz v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Delprete v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  3. Ticali v. LocascioAppellate Division of the Supreme Court of the State of New York · 2005
  4. Malcolm v. Mount Vernon HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  5. Gunther v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1996

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