Legal Opinion
Augeri v. Massoff
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1987PublishedCited by 18 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant St. John’s Episcopal Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Gowan, J.), dated May 21, 1986, as denied its motion for summary judgment dismissing the complaint insofar as asserted against itself.
Ordered that the order is affirmed insofar as appealed from, with costs.
To obtain summary judgment the movant must submit sufficient evidentiary proof to establish its defense as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New 'York, 49 *309NY2d 557, 562).…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Felice v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1978
- Nobel v. AmbrosioAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by18 opinions
- Sampson v. ContilloAppellate Division of the Supreme Court of the State of New York · 2008
- Nagengast v. Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Halkias v. Otolaryngology-Facial Plastic Surgery Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2001
- Keitel v. KurtzAppellate Division of the Supreme Court of the State of New York · 2008
- Loaiza v. LamAppellate Division of the Supreme Court of the State of New York · 2013
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