Legal Opinion
Sarivola v. Brookdale Hospital & Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1994PublishedCited by 13 opinions
1Opinion of the Court
Order, Supreme Court, Kings County (Nicholas A. Clemente, J.), entered on or about March 4, 1992, which denied defendant’s motion for summary judgment pursuant to CPLR 3212, unanimously reversed, on the law, and the motion granted, without costs.
This is a malpractice case where plaintiffs seek to impose liability on defendant hospital for treatment provided by a private doctor (radiologist) who was not an employee of the hospital, but maintained an office there. Plaintiff failed to submit an affidavit setting forth whom she believed was responsible for her treatment, but the evidence…
2Cases cited3 opinions
- Toth v. Community HospitalNew York Court of Appeals · 1968
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Soltis v. StateAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by13 opinions
- Nagengast v. Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- King v. MitchellAppellate Division of the Supreme Court of the State of New York · 2006
- Malcolm v. Mount Vernon HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Pratt v. HaberAppellate Division of the Supreme Court of the State of New York · 2013
- Warden v. OrlandiAppellate Division of the Supreme Court of the State of New York · 2004
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