Legal Opinion
Graves v. Rochester General Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987No. Appeal No. 1PublishedCited by 7 opinions
1Opinion of the Court
— Judgment unanimously affirmed without costs. Memorandum: Special Term erred in granting summary judgment to defendant Rochester General Hospital (Hospital) and dismissing plaintiffs complaint. The complaint alleged that the emergency treatment, surgery and postoperative care provided plaintiff for a compound fracture and dislocation of his right ankle were rendered in a negligent manner.
The Hospital did not establish its entitlement to summary judgment by evidence in admissible form. The attorney’s affidavit was not based upon personal knowledge of the facts (see, Zuckerman v City of New…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Olan v. Farrell Lines Inc.New York Court of Appeals · 1985
- Mack v. Arnold Gregory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Maust v. ArseneauAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- McCarty v. Community Hospital of Glen CoveAppellate Division of the Supreme Court of the State of New York · 1994
- Zuck v. SierpAppellate Division of the Supreme Court of the State of New York · 1991
- Groeger v. Col-Les Orthopedic Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1989
- Whitaker v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Rivera v. Interfaith Medical CenterNew York Supreme Court · 1992
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