Legal Opinion

Godlewska v. Niznikiewicz

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 2004PublishedCited by 29 opinions

1Opinion of the Court

*431In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Patterson, J.), dated September 25, 2002, which, after a jury trial, and upon granting the defendant’s motion pursuant to CPLR 4401 made at the close of the plaintiffs case to dismiss the complaint for failure to establish a prima facie case, is in favor of the defendant and against her.

Ordered that the judgment is affirmed, with costs.

The proper legal standard for deciding a motion pursuant to CPLR 4401 is whether, granting the plaintiff every favorable inference…

2Cases cited6 opinions

  1. Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
  2. Biggs v. Mary Immaculate HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  3. Prestia v. MathurAppellate Division of the Supreme Court of the State of New York · 2002
  4. Hanley v. St. Charles Hospital & Rehabilitation CenterAppellate Division of the Supreme Court of the State of New York · 2003
  5. Migliaccio v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 2001

1 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Nichols v. StamerAppellate Division of the Supreme Court of the State of New York · 2008
  2. Borawski v. HuangAppellate Division of the Supreme Court of the State of New York · 2006
  3. Doe v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  4. Peak v. Northway Travel Trailers, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Gomez v. CasigliaAppellate Division of the Supreme Court of the State of New York · 2009

24 more not listed; retrieve them via the Exa API.

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