Legal Opinion
Rodriguez v. Montefiore Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided April 20, 2006PublishedCited by 32 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about January 13, 2005, which denied the motion by the Montefiore defendants, Mohan and Rubin for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against them. The Clerk is directed to enter judgment accordingly.
Appellants made out a prima facie case by establishing that they did not commit medical malpractice in their treatment of plaintiff. The burden then shifted to plaintiff to adduce admissible proof raising a triable issue of fact. However,…
2Cases cited4 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Bullard v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2006
- DeFilippo v. New York Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Lederman v. Lawrence HospitalAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by32 opinions
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- Kristal R. v. NichterAppellate Division of the Supreme Court of the State of New York · 2014
- Senatore v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2015
- Abakpa v. MartinAppellate Division of the Supreme Court of the State of New York · 2015
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