Legal Opinion
Miner v. Walden
New York Supreme Court
Decided November 27, 1979PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Frederic E. Hammer, J.
Defendant doctor moves to dismiss the complaint and compel arbitration. Plaintiff patient and defendant doctor had entered into arbitration agreements at preoperative conferences. This action is brought by Linda Miner, a patient, against her doctor, Richard Walden, for medical malpractice.
This court, by decision dated October 4, 1979 (NYLJ, Oct. 10, 1979, p 12, col 1) directed a hearing be conducted to determine: "(1) whether this contract was one of adhesion, and (2) whether plaintiff was fully aware of the nature and purpose of the arbitration…
2Cases cited18 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
- Wilson Trading Corp. v. David Ferguson, Ltd.New York Court of Appeals · 1968
- Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
- In re Estate of FriedmanAppellate Division of the Supreme Court of the State of New York · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stirlen v. Supercuts, Inc.California Court of Appeal · 1997
- Sablosky v. Edward S. Gordon Co.New York Court of Appeals · 1989
- Oscar S. Gray v. American Express CompanyCourt of Appeals for the D.C. Circuit · 1984
- Robert E. Hull v. Norcom, Inc., a Delaware Corporation, and Norman J. Kauffmann, an IndividualCourt of Appeals for the Eleventh Circuit · 1985
- Northcom, Ltd. v. JamesSupreme Court of Alabama · 1997
24 more not listed; retrieve them via the Exa API.