Legal Opinion · Concurring in part, dissenting in part
Felice v. St. Agnes Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1978Published
1Concurring in part, dissenting in partSuozzi, J.
I concur as to the dismissal of the appeal from the order denying reargument, but otherwise dissent and vote to grant the appellants’ motion to amend the caption of the action by deleting their names as party defendants.
In my view, the factual context of this case and the mandate of the Court of Appeals in Dole v Dow Chem. Co. (30 NY2d 143) preclude any possibility of a right to full common-law indemnification in favor of the defendant hospital against the defendant doctors. Accordingly, the motion by the doctors to amend the caption of the action by deleting their names as party defendants…
2Cases cited8 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Bing v. ThunigNew York Court of Appeals · 1957
- Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Crawford v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1974
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