Del Vecchio v. Long Island Jewish-Hillside Medical Center

Appellate Division of the Supreme Court of New York

Del Vecchio v. Long Island Jewish-Hillside Medical Center

65 A.D.2d 548, 409 N.Y.S.2d 127, 1978 N.Y. App. Div. LEXIS 13174

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1978·Published

Opinion

In a medical malpractice action, defendants appeal from so much of an order of the Supreme Court, Queens County, dated September 23, 1977, as granted plaintiffs’ motion to vacate items 5 and 6 in the defendants’ demand for a bill of particulars. Order affirmed insofar as appealed from, with $50 costs and disbursements (see Venezia v Klinger, 61 AD2d 1145; Johnson v Charow, 63 AD2d 668; Palazzo vAbbate, 45 AD2d 760; Cirelli v Victory Mem. Hosp., 45 AD2d 856). Insofar as Nelson v New York Univ. Med. Center (51 AD2d 352 [1st Dept]) may be deemed to differ from our determinations in Venezia v Klinger (supra) and Johnson v Charow (supra), we decline to follow it. Damiani, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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In a medical malpractice action, defendants appeal from so much of an order of the Supreme Court, Queens County, dated September 23, 1977, as granted plaintiffs’ motion to vacate items 5 and 6 in the defendants’ demand for a bill of particulars. Order affirmed insofar as appealed from, with $50 costs and disbursements (see Venezia v Klinger, 61 AD2d 1145; Johnson v Charow, 63 AD2d 668; Palazzo vAbbate, 45 AD2d 760; Cirelli v Victory Mem. Hosp., 45 AD2d 856). Insofar as Nelson v New York Univ. Med. Center (51 AD2d 352 [1st Dept]) may be deemed to differ from our determinations in Venezia v Klinger (supra) and Johnson v Charow (supra), we decline to follow it. Damiani, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

Del Vecchio v. Long Island Jewish-Hillside Medical Center, 65 A.D.2d 548, 409 N.Y.S.2d 127, 1978 N.Y. App. Div. LEXIS 13174 (N.Y. Ct. App. 1978).

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65 A.D.2d 548 (Del Vecchio v. Long Island Jewish-Hillside Medical Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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