Gibson v. D'Amico
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court in favor of defendants, entered November 13,1981 in Sullivan County, upon dismissal of the complaint by the court at Trial Term (Scheinman, J.), at the close of all the evidence. We are today requested to re-examine the well-established rules in medical malpractice actions regarding the proof necessary to establish a prima facie case which is entitled to jury consideration. In this action, the trial court, finding that plaintiff had failed to offer proof sufficient to do so, granted defendants’ motion and dismissed the complaint. For the reasons…
2Cases cited9 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Benson v. . DeanNew York Court of Appeals · 1921
- Hammer v. RosenNew York Court of Appeals · 1960
- Larkin v. StateAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by20 opinions
- Lamarca v. United StatesDistrict Court, E.D. New York · 1999
- Berger v. BeckerAppellate Division of the Supreme Court of the State of New York · 2000
- Stanski v. EzerskyAppellate Division of the Supreme Court of the State of New York · 1996
- Milano v. FreedCourt of Appeals for the Second Circuit · 1995
- Arkin v. GittlesonCourt of Appeals for the Second Circuit · 1994
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