Legal Opinion
Casey v. Tan
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998No. Appeal No. 2PublishedCited by 4 opinions
1Opinion of the Court
—Amended judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Defen*901dant appeals from an amended judgment in favor of plaintiff in this wrongful death action based upon defendant’s alleged failure timely to diagnose ovarian cancer in plaintiffs decedent. Defendant argues that Supreme Court erroneously precluded her from offering evidence on the issue of proximate cause. We agree.
The court erred in precluding decedent’s subsequent treating physician from testifying on behalf of defendant concerning his opinion that, given the virulent form of cancer from…
2Cases cited6 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Rook v. 60 Key Centre, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Ferrara v. South Shore Orthopedic AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Tower v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1988
- Holiday v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- Stewart v. Olean Medical Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2005
- Krinsky v. RachleffAppellate Division of the Supreme Court of the State of New York · 2000
- Hemmerling v. BarnesAppellate Division of the Supreme Court of the State of New York · 2000
- Dewan-Zemko v. Hunter Mtn. Ski Bowl, Inc.Appellate Division of the Supreme Court of the State of New York · 2026