Legal Opinion
DieJoia v. Gacioch
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2007PublishedCited by 8 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 16, 2006 in a medical malpractice action. The order granted defendants’ motions to dismiss the complaint pursuant to CPLR 4401.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are denied, the complaint is reinstated and a new trial is granted.
Memorandum: Plaintiff commenced this medical malpractice action alleging, inter alia, that the manner in which defendant Gerald M. Gacioch, M.D. performed a cardiac…
2Cases cited5 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Nonnon v. City of New YorkNew York Court of Appeals · 2007
- Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
- Zito v. ZabarskyAppellate Division of the Supreme Court of the State of New York · 2006
- Nonnon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by8 opinions
- Lugo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Ratner v. McNeil-PPC, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- LaRose v. CorraoAppellate Division of the Supreme Court of the State of New York · 2013
- Leffler v. FeldAppellate Division of the Supreme Court of the State of New York · 2008
- JOHNSON, CHRISTOPHER v. GUTHRIE MEDICAL GROUP, P.C.Appellate Division of the Supreme Court of the State of New York · 2015
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