The defendants have moved for an order to amend the caption that recently appointed the plaintiff as the administrator of the estate and upon the amendment to have the complaint against them dismissed. Case Facts The Westchester plaintiff both individually and as the administrator of the estate of the deceased,…
This is an action to recover legal fees. The plaintiff has moved to dismiss the counter claims made in the verified amended answer of the defendant. The defendant has filed a separate motion for leave to serve a second amended answer and to renew his prior motion to dismiss the…
Defendants New York City Health and Hospitals Corporation (HHC) and Dr. PN (collectively defendants) move for summary judgment, dismissing plaintiff’s complaint insofar as asserted against them. In this medical malpractice action, plaintiff alleges that defendants deviated from accepted standards of medical care while he was being treated in the hospital…
Respondent was born with Down syndrome in 1964 and began receiving medical assistance under the State Medicaid plan on July 1, 1992. On July 14, 1997, he suffered an injury during corrective spinal injury surgery, which resulted in his partial paralysis such that he was no longer able to ambulate.…
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County, dated May 4, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him. On November 11, 1999 the 26-month-old plaintiff was seen by…
The Bronx plaintiff in this case is appealing an order from the Supreme Court of Westchester County. The order from the court denied the plaintiff’s motion for summary judgment on the issue of liability, dismissed the complaint made against the defendants, and granted portions of the cross motion of the…
The defendant in this case is appealing an order that was made by the Supreme Court of Nassau County. The order directed the defendant to comply with a request for information prior to a hearing for medical malpractice. Case Background The plaintiff in the case alleges that she was a…
The Bronx appellant in this case is appealing by permission an order that denied his motion to vacate a finding of liability made by a medical malpractice panel. There are five main issues to consider on this appeal. First, the court must consider whether an order that denies a motion…
The case before the court is one of legal malpractice. The Bronx plaintiff had a bi-lateral mastectomy, which she claims was the result of being misdiagnosed. The plaintiffs are seeking a judgment against the defendants for negligently prosecuting a medical malpractice action on behalf of the plaintiff. Case Background In…
This is an instant action brought forth by the plaintiff for herself, her deceased husband, and her four children. The case involves personal injury claims that arise from a car accident and medical malpractice claims in regard to the treatment that her husband received at the defendant hospital for the…