Legal Opinion

Cipriano v. Ho

New York Supreme Court

Decided September 29, 2010PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Jack M. Battaglia, J.

At trial of this medical malpractice action, defendant Victor T. Ho, M.D. moved to preclude plaintiff Ngoc Cipriano from any use of evidence of disciplinary action taken against him by the New York State Department of Health. For the reasons that follow, the court granted the motion to the extent that plaintiff was precluded from using the disciplinary action as evidence-in-chief on her claims of professional negligence, including her claim of lack of informed consent, but plaintiff was permitted to use the disciplinary action to impeach Dr. Ho’s…

2Cases cited25 opinions

  1. People v. WalkerNew York Court of Appeals · 1994
  2. Pike v. . HonsingerNew York Court of Appeals · 1898
  3. Badr v. HoganNew York Court of Appeals · 1990
  4. In re the Estate of BrandonNew York Court of Appeals · 1982
  5. Lee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by2 opinions

  1. Naughright v. WeissDistrict Court, S.D. New York · 2011
  2. Yarborough v. CattaniNew York Supreme Court · 2014

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