Legal Opinion
Roy v. Hartogs
Civil Court of the City of New York
Decided March 14, 1975PublishedCited by 12 opinions
1Opinion of the CourtAllen Murray Myers, J.
At the end of the opening statements in this action for malpractice and assault, defendant moved to dismiss the plaintiff’s causes of action on the ground that they are barred by article 8 of the Civil Rights Law, formerly article 2-A of the Civil Practice Act (see, also, Fernandez v Lazar, NYU, Sept. 15, 1971, p 19, col 6 [Sp Ct, NY County, Leff, J.]). I denied this motion and now render this formal opinion.
*351On a motion such as this the facts as proposed to be proved must be viewed in the aspect most favorable to the plaintiff and every permissible inference from those proposed facts in favor…
2Cases cited11 opinions
- Walker v. SheldonNew York Court of Appeals · 1961
- Fearon v. TreanorNew York Court of Appeals · 1936
- Locke v. PembrokeNew York Court of Appeals · 1939
- I. H. P. Corp. v. 210 Central Park South Corp.New York Court of Appeals · 1963
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ten Broeck Dupont, Inc. v. BrooksKentucky Supreme Court · 2009
- Hoopes v. HammargrenNevada Supreme Court · 1986
- Deborah S. v. DiorioCivil Court of the City of New York · 1992
- Omer v. EdgrenCourt of Appeals of Washington · 1984
- Tilden v. ANSTREICHER, MDSupreme Court of Delaware · 1976
7 more not listed; retrieve them via the Exa API.