Legal Opinion
Nelson v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1997PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Marylin Diamond, J., and a jury), entered January 24, 1996, awarding plaintiff damages in the principal amount of $1.4 million, after apportioning liability 70% against defendant, plus costs, disbursements and interest of 6%, unanimously modified, on the law, to award interest of 3%, and otherwise affirmed, without costs.
Although the record is not dispositive of the extent of the decedent’s dementia, there was sufficient evidence of some dementia to have placed defendant hospital on constructive notice that the decedent’s continued possession and use…
2Cases cited5 opinions
- Kiker v. Nassau CountyNew York Court of Appeals · 1995
- Gallo v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Gunnarson v. StateAppellate Division of the Supreme Court of the State of New York · 1983
- Tabone v. StateNew York Court of Claims · 1982
- DeMeo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Weigl v. Quincy Specialties Co.New York Supreme Court · 2001
- Diliberto v. New York Presbyt. Hosp.-WeilL Cornell CampusAppellate Division of the Supreme Court of the State of New York · 2021
- Diliberto v. New York Presbyt. Hosp.-WeilL Cornell CampusAppellate Division of the Supreme Court of the State of New York · 2021