Legal Opinion

Dedely v. Kings Highway Hospital Center, Inc.

New York Supreme Court

Decided September 26, 1994Published

1Opinion of the Court

OPINION OF THE COURT

Nicholas A. Clemente, J.

Defendants move for leave to amend their answer to assert the affirmative defense of release and a counterclaim for contractual indemnification against Kathleen Dedely, the parent of the infant plaintiff.

In this medical malpractice action, it is alleged that Robert Dedely suffered injuries as a result of defendants’ failure to diagnose and treat an intestinal perforation.

The infant was admitted to Kings Highway Hospital on August 5, 1985, complaining of abdominal pain. On August 8, 1985, Kathleen Dedely demanded the release of her son and signed a…

2Cases cited6 opinions

  1. Sharapata v. Town of IslipNew York Court of Appeals · 1982
  2. Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
  3. Ash v. New York University Dental CenterAppellate Division of the Supreme Court of the State of New York · 1990
  4. In re Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Fiesel v. Nanuet Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1986

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