Legal Opinion

Gibbons v. Hantman

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

Decided June 13, 1977PublishedCited by 13 opinions

1Opinion of the CourtO’Connor, J.

In this medical malpractice action defendant Morris Appelman appeals from an order of the Supreme Court, Queens County, dated October 21, 1976, which denied his motion for summary judgment as against plaintiff. The peculiar circumstances of this case present one of the rare instances where simple logic dictates the conclusion that the appellant was not guilty of medical malpractice as a matter of law. The order should therefore be reversed and the motion granted.

In April, 1970 plaintiff underwent a cholecystectomy which was performed by defendant Dr. Hantman at defendant Booth Memorial…

2Cases cited3 opinions

  1. Andre v. PomeroyNew York Court of Appeals · 1974
  2. Indig v. FinkelsteinNew York Court of Appeals · 1968
  3. Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965

3Cited by13 opinions

  1. Maddox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Appel v. Charles Heinsohn, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Adams v. Via Christi Regional Medical CenterSupreme Court of Kansas · 2001
  4. Witt v. AginAppellate Division of the Supreme Court of the State of New York · 1985
  5. Bell v. PerrinoAppellate Division of the Supreme Court of the State of New York · 1985

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