Legal Opinion
Mitchell v. Spataro
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 1982PublishedCited by 18 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., based on theories of medical malpractice and breach of contract, plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Levitt, J.), dated August 5, 1981, as granted the cross motion of defendants Spataro and the Long Island Orthopaedic Group, P. C., to dismiss the second cause of action (which alleged a breach of contract) as to them. Order affirmed insofar as appealed from, with $50 costs and disbursements. “The second cause of action is legally insufficient because it is merely a redundant pleading of…
2Cases cited5 opinions
- Robins v. FinestoneNew York Court of Appeals · 1955
- Carr v. LipshieAppellate Division of the Supreme Court of the State of New York · 1959
- Carr v. LipshieNew York Court of Appeals · 1961
- Monroe v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 1981
- Liebler v. Our Lady of Victory HospitalAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by18 opinions
- Holton v. Sprain Brook Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- Bobrick v. BravsteinAppellate Division of the Supreme Court of the State of New York · 1986
- Keselman v. Kingsboro Medical GroupAppellate Division of the Supreme Court of the State of New York · 1989
- Chaff v. Parkway HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Scalisi v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
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