Legal Opinion
Dandrea v. Hertz
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 2005PublishedCited by 16 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated June 9, 2004, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants met their prima facie burden of establishing their entitlement to summary judgment by adducing expert opinion evidence that they did not deviate from good and accepted medical practice in their treatment of the plaintiff’s decedent (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). However, the…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Barbuto v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Shields v. BaktidyAppellate Division of the Supreme Court of the State of New York · 2004
- Halkias v. Otolaryngology-Facial Plastic Surgery Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2001
- Fotinas v. Westchester County Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by16 opinions
- Poter v. AdamsAppellate Division of the Supreme Court of the State of New York · 2013
- Bell v. Ellis HospitalAppellate Division of the Supreme Court of the State of New York · 2008
- Colao v. St. Vincent's Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Tsimbler v. FellAppellate Division of the Supreme Court of the State of New York · 2014
- Bengston v. WangAppellate Division of the Supreme Court of the State of New York · 2007
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