Legal Opinion

Colton v. New York Hospital

New York Supreme Court

Decided March 20, 1979PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Martin Evans, J.

This action for medical malpractice and loss of consortium arises from a kidney transplant operation performed at the New York Hospital on January 25, 1972, in which one of plaintiff Donne Colton’s kidneys was removed and implanted in the body of his brother, Dudley Colton, Jr. Prior to the operation, the brothers executed an agreement with the hospital denominated "Request for and Consent to Kidney Transplant and Covenant Not To Sue Upon and Release of All Claims”. The sole issue now before the court is the meaning and effect of the agreement.

Background

At…

2Cases cited29 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  3. Laba v. CareyNew York Court of Appeals · 1971
  4. Gilbert v. . FinchNew York Court of Appeals · 1903
  5. Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961

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3Cited by26 opinions

  1. Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
  2. Cefali v. Buffalo Brass Co., Inc.District Court, W.D. New York · 1990
  3. Edith Schneider and Herman Schneider v. Emanuel Revici, M.D., and Institute of Applied Biology, Inc., DefendantsCourt of Appeals for the Second Circuit · 1987
  4. Shorter v. DruryWashington Supreme Court · 1985
  5. Stacy Sanislo v. Give Kids The World, Inc.Supreme Court of Florida · 2015

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

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