Legal Opinion
Derby v. Bitan
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2011PublishedCited by 2 opinions
1Opinion of the Court
*890The plaintiff commenced this action, pro se, alleging causes of action to recover damages for medical malpractice, lack of informed consent, and breach of contract after undergoing a disc replacement surgery performed by the defendant on her back. The plaintiff moved for summary judgment on the issue of liability on the cause of action alleging breach of contract. The defendant opposed the plaintiffs motion and cross-moved, among other things, pursuant to 22 NYCRR 130-1.1 for an award of an attorney’s fee and costs incurred in defense of the motion on the ground that the plaintiffs motion was…
2Cases cited13 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Robins v. FinestoneNew York Court of Appeals · 1955
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Ortega v. Bisogno & MeyersonAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by2 opinions
- Chvetsova v. Family Smile DentalAppellate Division of the Supreme Court of the State of New York · 2022
- Detringo v. South Is. Family Med., LLCAppellate Division of the Supreme Court of the State of New York · 2018