Legal Opinion

JAMES, MARGUERITE v. WORMUTH, M.D., DAVID

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

Decided March 23, 2012No. CA 11-00814Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered January 19, 2011 in a medical malpractice action. The judgment dismissed the amended complaint.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action seeking damages arising from an operative procedure to remove a node from her lung. On a prior appeal, we reversed the order insofar as appealed from, denied defendants’ motion for summary judgment dismissing the complaint and reinstated the complaint (James v…

2Cases cited9 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. States v. Lourdes HospitalNew York Court of Appeals · 2003
  3. Castro v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Rotunno v. City of RochesterNew York Court of Appeals · 1988
  5. James v. WormuthAppellate Division of the Supreme Court of the State of New York · 2010

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