Ponholzer v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered July 14, 2009 in a medical malpractice action. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the second cause of action and as modified the order is affirmed without costs.
Memorandum: Plaintiffs commenced this medical malpractice action seeking damages for injuries sustained by Donna Ponholzer (plaintiff)…
2Cases cited7 opinions
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- Dries v. GregorAppellate Division of the Supreme Court of the State of New York · 1980
- Spano v. BertocciAppellate Division of the Supreme Court of the State of New York · 2002
- Messina v. Alan Matarasso, M.D., F.A.C.S., P. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Cerilli v. KezisAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
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- Thaw v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2015