Legal Opinion

Gross v. Kurk

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1996PublishedCited by 8 opinions

1Opinion of the Court

—In an action seeking damages for medical malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated November 9, 1994, as granted that branch of the defendant’s motion which sought dismissal of the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), and the defendant cross-appeals from so much of the same order as (1) denied his application for costs and attorney’s fees pursuant to CPLR 8303-a, and (2) failed to determine those branches of his motion which sought (a) dismissal of the complaint pursuant to…

2Cases cited3 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  3. Scott v. UljanovNew York Court of Appeals · 1989

3Cited by8 opinions

  1. Langford v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2000
  2. Dupree v. GiuglianoAppellate Division of the Supreme Court of the State of New York · 2011
  3. BENEDETTI, KATHLEEN v. ERIE COUNTY MEDICAL CENTER CORP.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Benedetti v. Erie County Medical Center Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Benedetti v. Erie County Medical Center Corp.Appellate Division of the Supreme Court of the State of New York · 2015

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