Legal Opinion
Favier v. Winick
New York Supreme Court
Decided April 27, 1992PublishedCited by 2 opinions
1Opinion of the Court
*911OPINION OF THE COURT
Alan D. Oshrin, J.
Plaintiff Brian O. Favier commenced a medical malpractice action on behalf of his son Matthew O’Neil Favier, an infant under the age of 14. Plaintiff moves in limine for an order prohibiting defendant from commenting either in his opening statement or in summation regarding the parent’s alleged failure to consent to or have the infant undergo a second remedial surgical procedure. Plaintiff also asks that the defendant be precluded from calling any witnesses or offering any testimony as to whether a second operative procedure would alleviate the problem…
2Cases cited15 opinions
- Wheatley Ex Rel. Wheatley v. HeidemanSupreme Court of Iowa · 1960
- Matter of StuartNew York Court of Appeals · 1939
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- H. T. Whitson Lumber Co. v. UpchurchCourt of Appeals of Kentucky · 1923
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3Cited by2 opinions
- Simmons v. Erie Insurance ExchangeIndiana Court of Appeals · 2008
- Favier v. WinickAppellate Division of the Supreme Court of the State of New York · 1995