Legal Opinion

Clarkin v. Staten Island University Hospital

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

Decided September 15, 1997PublishedCited by 21 opinions

1Opinion of the Court

In an action to recover damages for personal injuries based on medical malpractice, the defendant appeals from an order of the Supreme Court, Richmond County (Cusick, J.), entered November 12, 1996, which denied its motion for leave to amend its answer to add the affirmative defense of culpable conduct on the part of the plaintiff Donald Clarkin.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for leave to amend its answer to assert the affirmative defense of culpable conduct on the part of the plaintiff…

2Cases cited5 opinions

  1. Perricone v. City of New YorkNew York Court of Appeals · 1984
  2. Perricone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  3. F.G.L. Knitting Mills, Inc. v. 1087 Flushing Property, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Rose v. VelletriAppellate Division of the Supreme Court of the State of New York · 1994
  5. Balport Construction Co. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by21 opinions

  1. Morris v. Queens Long Island Medical GroupAppellate Division of the Supreme Court of the State of New York · 2008
  2. Yong Soon Oh v. Hua JinAppellate Division of the Supreme Court of the State of New York · 2015
  3. Lennon v. 56th & Park(NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Trataros Construction, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  5. Countrywide Funding Corp. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2007

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