Legal Opinion

Olivetto v. Salevitz

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

Decided June 28, 2004PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice and wrongful death, the defendants Victor Gaines, Victor Gaines, M.D., PC., and DRA Imaging, PC., appeal, as limited by their brief, from so much of an amended order of the Supreme Court, Dutchess County (Dillon, J.), dated May 28, 2003, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

*646Ordered that the amended order is affirmed insofar as appealed from, with costs.

The appellants failed to establish their prima facie entitlement to judgment as a matter of law with regard to causation.…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Holton v. Sprain Brook Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
  4. Biggs v. Mary Immaculate HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  5. Walker v. ZdanowitzAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. Kless v. LeeAppellate Division of the Supreme Court of the State of New York · 2005
  2. Baggott v. CorcoranAppellate Division of the Supreme Court of the State of New York · 2008

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