Legal Opinion
Hylick v. Halweil
Appellate Division of the Supreme Court of the State of New York
Decided July 29, 1985PublishedCited by 52 opinions
1Opinion of the Court
In an action to recover damages allegedly resulting from medical malpractice and lack of informed consent, plaintiff appeals from a judgment of the Supreme Court, Orange County (Donovan, J.), entered December 9, 1983, which dismissed the complaint at the close of her case, on the ground of failure to present a prima facie case.
Judgment affirmed, with costs.
To be entitled to judgment as a matter of law, the defendant movant has the burden of showing that plaintiff failed to make out a prima facie case; the plaintiff’s evidence must be accepted as true, and plaintiff must be given the benefit…
2Cases cited5 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Lipsius v. WhiteAppellate Division of the Supreme Court of the State of New York · 1983
- 530 East 89 Corp. v. UngerNew York Court of Appeals · 1977
- Nicholas v. ReasonAppellate Division of the Supreme Court of the State of New York · 1981
- Proce v. Franklin General HospitalAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by52 opinions
- Berger v. BeckerAppellate Division of the Supreme Court of the State of New York · 2000
- Schimmenti v. Ply Gem Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Dooley v. SkodnekAppellate Division of the Supreme Court of the State of New York · 1988
- Hughes v. New York Hospital-Cornell Medical CenterAppellate Division of the Supreme Court of the State of New York · 1993
- Harding v. Noble Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1992
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