Legal Opinion

Napoli v. Takacs

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

Decided February 10, 1997Published

1Opinion of the Court

—In a medical malpractice action to recover damages for personal injuries, etc., the defendants Peter Takacs and Syosset Community Hospital appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated August 18, 1995, which denied their motion for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

There are issues of fact which preclude the granting of summary judgment (see, e.g., Almodovar v Methodist Hosp., 222 AD2d 630). The appellants’ remaining contention is not properly before us, and, in…

2Cases cited4 opinions

  1. Fuller v. PreisNew York Court of Appeals · 1974
  2. Humphrey v. Jewish Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991
  3. Daly v. MessinaAppellate Division of the Supreme Court of the State of New York · 1996
  4. Almodovar v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 1995

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