Legal Opinion
Kirker v. Nicolla
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1998PublishedCited by 5 opinions
1Opinion of the CourtSpain, J.
Appeal from an order and judgment of the Supreme Court (Reilly, Jr., J.), entered October 16, 1997 in Schenectady County, upon a dismissal of the complaint at the close of plaintiffs’ case.
On November 12, 1992 plaintiff Diane Kirker (hereinafter plaintiff) underwent two surgical procedures in the form of a breast biopsy performed by Roger Malebranche and a gastrointestinal bypass which was performed by Oscar Lirio. Approximatély six weeks after the procedures, plaintiff returned to work as a security guard at Schenectady International (hereinafter the employer) where she had been employed as…
2Cases cited7 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Herbert H. Post & Co. v. Sidney Bitterman, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Georgetti v. United Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
- Mark v. Colgate UniversityAppellate Division of the Supreme Court of the State of New York · 1976
- Neidert v. Austin S. Edgar, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by5 opinions
- Gushlaw v. RollAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RoseAppellate Division of the Supreme Court of the State of New York · 2007
- Bickom v. BierwagenAppellate Division of the Supreme Court of the State of New York · 2008
- Pascuzzi v. CCI CompaniesAppellate Division of the Supreme Court of the State of New York · 2002
- Shank v. MehlingAppellate Division of the Supreme Court of the State of New York · 2011