Smith v. Pasquarella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered May 12, 1993 in Schenectady County, which, inter alia, denied defendant’s cross motion to dismiss the complaint.
At issue on this appeal is whether the first cause of action in plaintiff's complaint is based upon medical malpractice or negligence. Defendant contends that the cause of action sounds in medical malpractice and, therefore, plaintiff was required to comply with the pleading requirements for medical malpractice actions (see, CPLR 3012-a, 3017 [c]; 3406 [a]). Supreme Court held that plaintiff had pleaded a negligence…
2Cases cited8 opinions
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- Miller v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- LoDico v. CaputiAppellate Division of the Supreme Court of the State of New York · 1987
- Halas v. Parkway Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by15 opinions
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- Gilinsky v. IndelicatoDistrict Court, E.D. New York · 1995
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