Legal Opinion
Scanzano v. Horowitz
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 8 opinions
1Opinion of the Court
*856The Supreme Court incorrectly concluded that the cause of action to recover damages for wrongful death was time-barred insofar as asserted against the defendants Roger Kersten and Roger Kersten, D.O., P.C. (hereinafter collectively Dr. Kersten), and partially time-barred insofar as asserted against the defendant Long Island Cardiology and Internal Medicine (hereinafter LICIM). Pursuant to EPTL 5-4.1, a cause of action to recover damages for wrongful death may be maintained against persons “who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.…
2Cases cited4 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Murphy v. JacobyAppellate Division of the Supreme Court of the State of New York · 1998
- Suarez v. Phelps Memorial Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
- Marlowe v. E. I. DuPont deNemours & Co.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Baron v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
- Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2010
- Mikus v. RosellAppellate Division of the Supreme Court of the State of New York · 2009
- Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2009
- Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2008
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