De Felice v. English

Appellate Division of the Supreme Court of New York

De Felice v. English

63 A.D.2d 976, 406 N.Y.S.2d 702, 1978 N.Y. App. Div. LEXIS 12041

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1978·Published·Cited by 2 cases

Opinion

In a medical malpractice action, the third-party defendant appeals from an order of the Supreme Court, Kings County, dated November 15, 1977, which denied its motion for summary judgment dismissing the complaint of the third-party plaintiff. Order affirmed, with $50 costs and disbursements, upon the opinion of Mr. Justice Monteleone at Special Term. We disapprove of the holding in Pigno v Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning at Special Term herein. Damiani, J. P., Suozzi, Rabin and Hawkins, JJ., concur. [91 Misc 2d 1109.]

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In a medical malpractice action, the third-party defendant appeals from an order of the Supreme Court, Kings County, dated November 15, 1977, which denied its motion for summary judgment dismissing the complaint of the third-party plaintiff. Order affirmed, with $50 costs and disbursements, upon the opinion of Mr. Justice Monteleone at Special Term. We disapprove of the holding in Pigno v Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning at Special Term herein. Damiani, J. P., Suozzi, Rabin and Hawkins, JJ., concur. [91 Misc 2d 1109.]

De Felice v. English, 63 A.D.2d 976, 406 N.Y.S.2d 702, 1978 N.Y. App. Div. LEXIS 12041 (N.Y. Ct. App. 1978).

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