Legal Opinion
Malvica v. Blumenfeld
New York Court of Appeals
Decided April 21, 1971PublishedCited by 5 opinions
1Opinion of the Court
Order affirmed, without costs. The case is governed by Milks v. McIver (264 N. Y. 267), the release having been given without reservation at a time when the fact of aggravation of the injury by malpractice was fully known, as the Appellate Division held, and thus is without the ambit of Derby v. Prewitt (12 N Y 2d 100). Contrary to appellant’s contention, section 15-105 of the General Obligations Law (formerly Debtor and Creditor Law, § 235) is not applicable. (See Rector of St. James Church v. Cty of New York, 261 App. Div. 614; contra, Berlow v. New York State Thruway Auth., 35 A D 2d 356.)…
2Cases cited3 opinions
- Milks v. McIverNew York Court of Appeals · 1934
- Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Rapp v. MyersNew York Court of Appeals · 1943
3Cited by5 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Colton v. New York HospitalNew York Supreme Court · 1979
- Kaye 1969 Associates v. LeseAppellate Division of the Supreme Court of the State of New York · 1979
- Ruge v. Arden Hill HospitalNew York Supreme Court · 1975
- Sea-Land Dredging Corp. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1976