Legal Opinion

Cruz v. City of New York

New York Supreme Court

Decided April 30, 1987PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Stanley L. Sklar, J.

The plaintiff in this medical malpractice action may ask *394questions calling for expert opinions of a nonparty physician who was an actor in the transaction in issue.

FACTS

During the trial of this medical malpractice action involving the delivery of a severely brain-damaged child, plaintiff proposed to read the entire examination before trial of Dr. Goldsmith. He was, at the time of the birth, a resident at Bellevue Hospital, and was one of the delivering physicians. Dr. Goldsmith is not a named defendant.

The defendants sought a ruling barring plaintiffs’…

2Cases cited7 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
  3. Bernstein v. BodeanNew York Court of Appeals · 1981
  4. Johnson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Carvalho v. New Rochelle HospitalAppellate Division of the Supreme Court of the State of New York · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Sciara v. Surgical Associates of Western New York, P.C.New York Supreme Court · 2011
  2. Hardter v. SemelAppellate Division of the Supreme Court of the State of New York · 1993
  3. Bubar v. BrodmanNew York Supreme Court · 2010
  4. Giventer v. RementeriaNew York Supreme Court · 1999
  5. In re the Estate of DeFilippoNew York Surrogate's Court · 1990

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