Smalls v. Mercy 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 medical malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered August 8, 2006, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Contrary to the defendant’s contention, the Supreme Court properly denied its motion for summary judgment dismissing the complaint. The plaintiff seeks to recover damages against the defendant based upon a theory of res ipsa loquitur. In support of its motion, the defendant failed to make a prima facie showing of…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Porter v. MilhoratAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by5 opinions
- Lau v. KyAppellate Division of the Supreme Court of the State of New York · 2009
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- Kleinman v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Tyndale v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Martino v. BrinzoAppellate Division of the Supreme Court of the State of New York · 2009