Legal Opinion

Hamilton v. State

New York Court of Claims

Decided December 30, 2005No. Claim No. 109876PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Melvin L. Schweitzer, J.

*651This is defendant’s motion to dismiss a medical malpractice and negligence claim for failure to satisfy section 11 (b) of the Court of Claims Act “and prevailing case law” and failure to comply with Uniform Rules for the Court of Claims (22 NYCRR) § 206.6 (b) and claimant’s cross motion for permission to amend her claim.

Claimant alleges she was a patient at University Hospital at SUNY Stony Brook from October 10, 2002 through October 13, 2002 when Dr. Michael Pearl performed a radical hysterectomy on her. Claimant further alleges the surgery and…

2Cases cited21 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Lepkowski v. State of NYNew York Court of Appeals · 2003
  3. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  4. Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
  5. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by3 opinions

  1. Morris v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  2. Kolnacki v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  3. Kern v. StateNew York Supreme Court · 2006

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