Legal Opinion
McCarthy v. Berlin
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1991PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the defendant David Wexler appeals, as limited by his brief, from, so much of an order of the Supreme Court, Suffolk County *585(Underwood, J.), entered January 24, 1990, as denied that branch of his motion which was to dismiss the fifth cause of action in the complaint, which sought damages for breach of contract, insofar as asserted against him.
Ordered that the order is reversed insofar as appealed from on the law, with costs, that branch of the appellant’s motion which was to dismiss the fifth cause of action in the…
2Cases cited4 opinions
- Robins v. FinestoneNew York Court of Appeals · 1955
- Bobrick v. BravsteinAppellate Division of the Supreme Court of the State of New York · 1986
- Mitchell v. SpataroAppellate Division of the Supreme Court of the State of New York · 1982
- Keselman v. Kingsboro Medical GroupAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- Owen v. AppelbaumAppellate Division of the Supreme Court of the State of New York · 1994
- Clarke v. MikailAppellate Division of the Supreme Court of the State of New York · 1997
- Nicoleau v. Brookhaven Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1994
- Varone v. DelmanAppellate Division of the Supreme Court of the State of New York · 2000
- Derby v. BitanAppellate Division of the Supreme Court of the State of New York · 2011