Legal Opinion

Berkey v. Emma

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

Decided February 25, 2002PublishedCited by 17 opinions

1Opinion of the Court

—In an action to recover damages for medical malpractice, etc., the defendants New York Methodist Hospital sued herein as Methodist Hospital and Leonard J. Emma separately appeal from an order of the Supreme Court, Kings County (Levine, J.), *518dated December 20, 2000, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

It is well settled that “[t]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law,…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Drago v. KingAppellate Division of the Supreme Court of the State of New York · 2001
  4. Morgan v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by17 opinions

  1. Terranova v. FinkleaAppellate Division of the Supreme Court of the State of New York · 2007
  2. Wall v. Flushing Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
  3. Grant v. Hudson Valley Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2008
  4. Bendel v. RajpalAppellate Division of the Supreme Court of the State of New York · 2012
  5. Chance v. FelderAppellate Division of the Supreme Court of the State of New York · 2006

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