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6 Oct 2009, 4:22 am
Accordingly, the Supreme Court should have granted the appellant's motion to dismiss the complaint insofar as asserted against it (see Wald v Berwitz, 62 AD3d 786; Riback v Margulis, 43 AD3d 1023; Hartman v Morganstern, 28 AD3d at 424). [read post]
23 May 2022, 3:58 am by Andrew Lavoott Bluestone
In light of the discretion imparted by the consent form, “the plaintiff[s’] contention that the alleged malpractice resulted in legally cognizable damages is conclusory and speculative inasmuch as it is premised on decisions that were within the sole discretion of the [hospital]” (Bua v Purcell & Ingrao, P.C., 99 AD3d at 848; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 436; Dempster v Liotti, 86 AD3d at 180; Hashmi… [read post]
22 Dec 2011, 3:10 am by Andrew Lavoott Bluestone
Wald v Berwitz 62 AD3d 786 (2 Dept 2009), citing Rudolf v Shayne. [read post]