Humphrey v. Jewish Hospital & Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice and wrongful death, the defendant Isadore Roy Gold appeals from an order of the Supreme Court, Kings County (Pizzuto, J.), dated October 5, 1989, which denied his motion for summary judgment.
Ordered that the order is affirmed, with costs.
We find that material issues of fact exist, inter alia, as to whether the defendant Isadore Roy Gold used appropriate care in the prenatal treatment of the plaintiff’s wife and delivery of the infant. To grant summary judgment it must clearly appear that no material and triable issues of fact are…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Fuller v. PreisNew York Court of Appeals · 1974
- Kletnieks v. Brookhaven Memorial Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
- Joswick v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1990
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