Legal Opinion

Mitchell v. Grace Plaza of Great Neck, Inc.

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

Decided March 19, 2014PublishedCited by 19 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), dated May 24, 2012, which granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against each of them.

Ordered that the order is affirmed, with one bill of costs.

The requisite elements of proof in a medical malpractice action are a deviation or departure from the accepted standard of care and evidence that the deviation or departure was a proximate cause of injury or damage (see Lau…

2Cases cited15 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  3. DiMitri v. MonsouriAppellate Division of the Supreme Court of the State of New York · 2003
  4. Geffner v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2008
  5. Deutsch v. ChaglassianAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by19 opinions

  1. Hernandez v. NwaishienyiAppellate Division of the Supreme Court of the State of New York · 2017
  2. Feuer v. NgAppellate Division of the Supreme Court of the State of New York · 2016
  3. Kerrins v. South Nassau Communities HospitalAppellate Division of the Supreme Court of the State of New York · 2017
  4. Spiegel v. Beth Israel Medical Center-Kings Highway DivisionAppellate Division of the Supreme Court of the State of New York · 2017
  5. Schussheim v. BarazaniAppellate Division of the Supreme Court of the State of New York · 2016

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