Pollicina v. Misericordia Hospital Medical Center
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
In this medical malpractice action against multiple defendants, plaintiff has recovered a judgment for wrongful death and has been awarded damages, as reduced by the trial court and affirmed by the Appellate Division, against the only nonsettling defendant, Albert Einstein College of Medicine (Einstein). The primary issue in this case, as in the companion cases (Didner v Keene Corp., 82 NY2d 342; Dudick v Keene Corp., 82 NY2d 821 [both decided herewith]), is the proper method for computing the setoff required by General Obligations Law § 15-108 (a) where two or…
2Cases cited16 opinions
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Liff v. SchildkroutNew York Court of Appeals · 1980
- Kagen v. KagenNew York Court of Appeals · 1968
- Rock v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1976
- In Re the Estate of MalloyNew York Court of Appeals · 1938
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3Cited by32 opinions
- Haywood v. DrownSupreme Court of the United States · 2009
- Abercrombie v. Andrew CollegeDistrict Court, S.D. New York · 2006
- People v. CorreaNew York Court of Appeals · 2010
- Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
- Whalen v. Kawasaki Motors Corp.New York Court of Appeals · 1998
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