Holiday v. Huntington Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kunzeman, J.
The question presented in this wrongful death action based on medical malpractice is whether the charge given by the trial court properly drew a distinction between "factual issues” and "medical issues” so as to permit application of the holding in Noseworthy v City of New York (298 NY 76) to the former but not to the latter. In our view, this question must be answered in the affirmative.
On May 21, 1979, at about 7:00 p.m., the plaintiffs decedent, Michael Boccia, was in his backyard mixing chemicals with which to clean his swimming pool. Approximately five…
2Cases cited8 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Wank v. AmbrosinoNew York Court of Appeals · 1954
- Greer v. FerrizzAppellate Division of the Supreme Court of the State of New York · 1986
- Boulos v. StateNew York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Williams v. EconAppellate Division of the Supreme Court of the State of New York · 1995
- Stewart v. Olean Medical Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2005
- Imbierowicz v. A.O. Fox Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Kazanoff v. United StatesCourt of Appeals for the Second Circuit · 1991
- Mayo v. County of AlbanyCourt of Appeals for the Second Circuit · 2009
8 more not listed; retrieve them via the Exa API.