Legal Opinion

Arbutina v. Bahuleyan

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

Decided May 23, 1980No. Appeal No. 1; Appeal No. 2; Appeal No. 3; Appeal No. 4; Appeal No. 5PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Plaintiff seeks to recover damages for the conscious pain and suffering and wrongful death of her husband. Her complaint alleges causes of action in negligence and malpractice arising November 28, 1975 when decedent died while a patient at the defendant hospital and while under the care of defendant doctors. The conscious pain and suffering action was commenced within the statutory period but the wrongful death action, subject to a shorter two-year limitation, was not (see CPLR 214-a; EPTL 5-4.1). Defendants originally failed to plead the Statute of Limitations…

2Cases cited10 opinions

  1. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  2. General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
  3. Drago v. BuonagurioNew York Court of Appeals · 1978
  4. Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
  5. Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961

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3Cited by22 opinions

  1. Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
  2. Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
  3. Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  4. Pfohl Brothers Landfill Site Steering Committee v. Allied Waste Sys., Inc.District Court, W.D. New York · 2003
  5. State of Missouri ex rel. Bob T. Beisly II, Relator v. The Honorable Timothy PerigoSupreme Court of Missouri · 2015

17 more not listed; retrieve them via the Exa API.

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