Legal Opinion
Grossman v. Osteopathic Hospital & Clinic of New York
New York Supreme Court
Decided November 3, 1983PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles H. Cohen, J.
This is a motion by certain defendants to strike a demand for a bill of particulars served by plaintiffs in this medical malpractice action.
Items Nos. 1 to 4 of the demand involve the first affirmative defense which is being withdrawn by these defendants. Therefore, these items are stricken.
Items Nos. 5 to 8 of the demand involve the second affirmative defense which alleges that “Plaintiff’s claim of lack of informed consent is barred by reason of the applicable provisions of Section 2805 (d) of the Public Health Law”. These defendants do not attack the…
2Cases cited5 opinions
- Bergman v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- In re the Probate of the Will of ReynoldsAppellate Division of the Supreme Court of the State of New York · 1972
- Schwartz v. TurkenNew York Supreme Court · 1982
- Calabrese v. Caldwell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of WolfAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by2 opinions
- Schmidt's Wholesale, Inc. v. Miller & Lehman Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Rubino v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1986