Marsala v. Weinraub
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 plaintiff appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated January 28, 1992, which, inter alia, denied his motion to preclude the respondents from offering evidence regarding CPLR article 16.
Ordered that the order is affirmed, with costs.
The plaintiff contends that CPLR article 16 must be pleaded as an affirmative defense and that the defendants are required to respond to a demand for a bill of particulars regarding the identity of possible codefendants. We disagree.
As a general rule, a statute…
2Cases cited6 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Schrader v. CarneyAppellate Division of the Supreme Court of the State of New York · 1992
- Didner v. Keene Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Ryan v. BeaversAppellate Division of the Supreme Court of the State of New York · 1991
- Gargano v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by15 opinions
- Arnold v. SiegelAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Doe, New York County Courts1996
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- Cazsador v. Greene Central SchoolAppellate Division of the Supreme Court of the State of New York · 1997
- Drooker v. South Nassau Communities HospitalNew York Supreme Court · 1998
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