Legal Opinion

Graham v. Columbia-Presbyterian Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided August 13, 1992PublishedCited by 19 opinions

1Opinion of the Court

Order of the Supreme Court, Bronx County (Barry Salman, J.), entered August 30, 1991, which granted defendants’ motion for partial summary judgment dismissing plaintiff’s claim for punitive damages, reversed, on the law, without costs.

Plaintiff’s decedent, Alphatrus Bens, Sr., underwent a transurethral resection at defendant Columbia-Presbyterian Medical Center. He was 71 years old at the time. His physician was defendant Jerry G. Blaivas, M.D., a board certified urologist. The procedure involved insertion of a cystoscope into the urethra to remove enlarged prostatic tissue, thus obviating…

2Cases cited10 opinions

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  3. McDougald v. GarberNew York Court of Appeals · 1989
  4. Cohn v. Lionel Corp.New York Court of Appeals · 1968
  5. Patrolmen's Benevolent Ass'n v. City of New YorkNew York Court of Appeals · 1971

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3Cited by19 opinions

  1. Randi A.J. v. Long Island Surgi-CenterAppellate Division of the Supreme Court of the State of New York · 2007
  2. Morton v. Brookhaven Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2006
  3. Williams v. HalpernAppellate Division of the Supreme Court of the State of New York · 2006
  4. Brown v. LaFontaine-Rish Medical AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Pascazi v. PeltonAppellate Division of the Supreme Court of the State of New York · 1994

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