Legal Opinion

Medical Malpractice Insurance v. Medical Liability Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 1982PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

On December 5, 1976 Daniel Rockwell was admitted to the cardio-pulmonary service of the Upstate Medical Center, State University of New York, which is maintained by the State of New York.

The next day he underwent a surgical procedure during the course of which, while under anesthesia, he suffered cardiac arrest with resultant brain damage.

*477In July, 1977, Rockwell, an adult incapable of prosecuting his rights, by his father and natural guardian, commenced a malpractice action in the Court of Claims against the State of New York. Among the doctors identified in a…

2Cases cited23 opinions

  1. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  2. Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
  3. Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
  4. American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
  5. Country-Wide Insurance v. WagonerNew York Court of Appeals · 1978

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

3Cited by16 opinions

  1. Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
  2. Hartford Accident & Indemnity Co. v. Michigan Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  3. MacMillan Bloedel Limited and MacMillan Bloedel, Inc. v. The Flintkote CompanyCourt of Appeals for the Fifth Circuit · 1985
  4. American Mutual Liability Insurance v. Flintkote Co.District Court, S.D. New York · 1983
  5. Hartford Accident & Indemnity Co. v. CNA InsuranceAppellate Division of the Supreme Court of the State of New York · 1984

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

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