Legal Opinion
Davidson v. Conole
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
The complaint was dismissed against the defendant hospital for the plaintiff’s failure to prove a cause of action in medical malpractice. At the same time, the trial court granted judgment against the defendant doctor, with his *44consent and the consent of his attorney, in the amount of $139,424. On this appeal, plaintiff claims that the proof adduced, prima facie, was sufficient to require a factual determination of malpractice against the defendant hospital by the jury and that the trial court’s dismissal of her complaint was, therefore, error.
The facts underlying…
2Cases cited5 opinions
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Velazquez v. Water Taxi, Inc.New York Court of Appeals · 1980
- Myers v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1971
- Claim of Bogdanoff v. HalperAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by3 opinions
- Roseingrave v. Massapequa General HospitalAppellate Division of the Supreme Court of the State of New York · 2002
- Campbell v. Emma Laing Stevens HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Blanco v. J&B AssociatesAppellate Division of the Supreme Court of the State of New York · 1991