Legal Opinion

Sabbatino v. Sussman

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

Decided April 23, 2001Published

1Opinion of the Court

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), entered February 15, 2000, which granted the motion of the defendant New York Methodist Hospital for summary judgment dismissing the complaint insofar as asserted against it and denied their cross motion to strike its answer.

Ordered that the order is affirmed, with costs.

The defendant New York Methodist Hospital (hereinafter the Hospital) demonstrated its entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557).…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Toth v. Community HospitalNew York Court of Appeals · 1968
  3. Fiorentino v. WengerNew York Court of Appeals · 1967
  4. Argenziano v. RomitaAppellate Division of the Supreme Court of the State of New York · 1998

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