Legal Opinion
Diaz v. Rose
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 2007PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 1, 2006, which granted plaintiffs motion to strike defendant Medical Center’s answer, unanimously reversed, on the law, without costs, the motion denied and the answer reinstated.
Plaintiffs submissions failed to establish that the foreign body constituted crucial evidence, since she offered no medical evidence supporting her claim that her infection was caused by a foreign body rather than, for example, a bacterium; in consequence, the physical object would not be enough to establish plaintiffs malpractice claim.…
2Cases cited6 opinions
- Healey v. Firestone Tire & Rubber Co.New York Court of Appeals · 1996
- Conderman v. Rochester Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Healey v. Firestone Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Balaskonis v. HRH Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Bach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- Golan v. North Shore-Long IsLand Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Voultepsis v. Gumley-Haft-Klierer, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Boyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Burch v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Century Indem. Co. v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2019