Guzzi v. Gewirtz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CELR 5501 [a] [1]).
“The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that such departure was a proximate cause of injury” (DiMitri v Monsouri, 302 AD2d 420, 421 [2003]; see Wexelbaum v…
2Cases cited8 opinions
- In re AhoNew York Court of Appeals · 1976
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- DiMitri v. MonsouriAppellate Division of the Supreme Court of the State of New York · 2003
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Wexelbaum v. JeanAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hayden v. GordonAppellate Division of the Supreme Court of the State of New York · 2012
- Poter v. AdamsAppellate Division of the Supreme Court of the State of New York · 2013
- Ahmed v. PannoneAppellate Division of the Supreme Court of the State of New York · 2014
- Bendel v. RajpalAppellate Division of the Supreme Court of the State of New York · 2012
- Barnett v. FashakinAppellate Division of the Supreme Court of the State of New York · 2011
12 more not listed; retrieve them via the Exa API.