Legal Opinion · Dissent
Pedrero v. Moreau
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1992Published
1DissentSmith, J.
In June 1970 when this cause of action arose, the defendants were deemed to be employees of the City of New York (City) and not employees of the Health and Hospitals Corporation (HHC). It was, therefore, necessary to file a notice of claim against the City. None was filed and the action was properly dismissed by the motion court. Accordingly, I dissent.
This is a medical malpractice action by the infant-plaintiff for damages against six physicians who allegedly provided prepartum, partum and post-partum care to the infant and his mother at the time of his birth on June 3, 1970 at Morrisania…
2Cases cited9 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Daniel J. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1991
- Rosenberg v. City of New YorkNew York Court of Appeals · 1955
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