Godlewska v. Niznikiewicz
Appellate Division of the Supreme Court of the State of New York
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
- Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
- Biggs v. Mary Immaculate HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Prestia v. MathurAppellate Division of the Supreme Court of the State of New York · 2002
- Hanley v. St. Charles Hospital & Rehabilitation CenterAppellate Division of the Supreme Court of the State of New York · 2003
- 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
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- Doe v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Peak v. Northway Travel Trailers, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Gomez v. CasigliaAppellate Division of the Supreme Court of the State of New York · 2009
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