Legal Opinion

Marano v. Mercy Hospital

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

Decided March 30, 1998PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

The instant appeals raise a procedural issue that is of great importance in medical malpractice actions. It has not heretofore been addressed by this Court and it is effectively a matter of first impression at the appellate level. While it is well settled that a party opposing a summary judgment motion in a medical, dental, or podiatric malpractice case may do so without disclosing the identity of the medical experts upon whose opinions that party relies, we hold that a party moving for summary judgment may not do so without revealing the identity of that party’s…

2Cases cited16 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Falk v. GoodmanNew York Court of Appeals · 1959
  3. Jasopersaud v. Tao Gyoun RhoAppellate Division of the Supreme Court of the State of New York · 1991
  4. Rubenstein v. Columbia Presbyterian Medical CenterNew York Supreme Court · 1988
  5. Felter v. Mercy Community HospitalAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by25 opinions

  1. Cerny v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006
  2. Cook v. ReisnerAppellate Division of the Supreme Court of the State of New York · 2002
  3. Yasin v. Manhattan Eye, Ear & Throat HospitalAppellate Division of the Supreme Court of the State of New York · 1998
  4. Rose v. Horton Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
  5. Fuller v. Tae KwonAppellate Division of the Supreme Court of the State of New York · 1999

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