Fox v. White Plains Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Dickinson, J.), dated December 19, 1985, which granted the defendant’s motion pursuant to CPLR 3017 (c) for an order striking the ad damnum clause from the complaint on the ground that the action sounds in medical malpractice.
Ordered that the order is affirmed, with costs.
After undergoing minor surgery at the defendant hospital, the plaintiff Edward Fox, to whom general anesthesia had been administered, arose from his hospital bed and attempted to walk…
2Cases cited6 opinions
- Miller v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Stanley v. LebetkinAppellate Division of the Supreme Court of the State of New York · 1986
- Hale v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Coursen v. New York Hospital-Cornell Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
- Pizzingrilli v. Von KesselNew York Supreme Court · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Papa v. Brunswick General HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Rey v. Park View Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- D'Elia v. Menorah Home & Hospital for the Aged and InfirmAppellate Division of the Supreme Court of the State of New York · 2008
- Halas v. Parkway Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Caso v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2006
24 more not listed; retrieve them via the Exa API.