Legal Opinion

Neenan v. Kamalian

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

Decided March 11, 2002PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Orange County (Slobod, J.), dated December 4, 2000, which, upon treating their motion to dismiss the complaint as a motion for summary judgment pursuant to CPLR 3211 (e), denied the motion.

Ordered that the order is affirmed, with costs.

General Obligations Law § 15-108 abrogated the common-law rule that the release of an original tortfeasor barred a later action against a hospital or physician for any additional injuries resulting from the negligent treatment of the original…

2Cases cited4 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. Williams v. NiskeNew York Court of Appeals · 1993
  3. Jarek Tylenda Moller v. North Shore University Hospital, Its Agents, Servants and Employees, and Dr. David Levine, IndividuallyCourt of Appeals for the Second Circuit · 1993
  4. Utter v. South Brookhaven Obstetric & Gynecologic Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. Mavashev v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002

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