Legal Opinion
Moy v. St. Vincent's Hospital & Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 5 opinions
1Opinion of the Court
*652The plaintiff commenced this action, inter alia, to recover damages for medical malpractice against the defendants St. Vincent’s Hospital and Medical Center of New York (hereinafter the hospital) and Michael G. Wayne, a physician. The hospital subsequently commenced chapter 11 bankruptcy proceedings, resulting in an automatic stay pursuant to 11 USC 362 (a) of the continuation of any action or proceeding against the hospital.
“It has been generally held that ‘the balance of the equities lies with plaintiffs when one defendant has received an automatic stay pursuant to 11 USC § 362 (a) . . .…
2Cases cited6 opinions
- Weber v. Baccarat, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Rosenbaum v. Dane & Murphy, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Kharmah v. Metropolitan Chiropractic CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Golden v. MoscowitzAppellate Division of the Supreme Court of the State of New York · 1993
- Lottes v. SlaterAppellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Vasquez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Vasquez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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