Legal Opinion

Capece v. Nash

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2009PublishedCited by 2 opinions

1Opinion of the Court

Motion by the plaintiff for leave to reargue an appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated January 23, 2007, which was determined by decision and order of this Court dated June 24, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated June 24, 2008 (Capece v Nash, 52 AD3d 760 [2008]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover damages for medical…

2Cases cited21 opinions

  1. Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
  2. Massie v. CrawfordNew York Court of Appeals · 1991
  3. Cox v. Kingsboro Medical GroupNew York Court of Appeals · 1996
  4. Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
  5. Ganess v. City of New YorkNew York Court of Appeals · 1995

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3Cited by2 opinions

  1. Capece v. NashAppellate Division of the Supreme Court of the State of New York · 2010
  2. Chambers v. MirkinsonAppellate Division of the Supreme Court of the State of New York · 2009

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