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Foley v. Flushing Hospital & Medical Center

316 N.E.2d 579, 34 N.Y.2d 863, 359 N.Y.S.2d 113, 1974 N.Y. LEXIS 1463
CourtNew York Court of Appeals
DecidedJune 26, 1974
StatusPublished
Cited by3 cases

This text of 316 N.E.2d 579 (Foley v. Flushing Hospital & Medical Center) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foley v. Flushing Hospital & Medical Center, 316 N.E.2d 579, 34 N.Y.2d 863, 359 N.Y.S.2d 113, 1974 N.Y. LEXIS 1463 (N.Y. 1974).

Opinion

Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: Plaintiff made out a prima facie case as to all defendants sufficient to defeat a motion to dismiss and hence the Court of Appeals reverses. In doing so, there is, of course, no evaluation of the merits of the case. Moreover, also requiring reversal is the restriction of the examination of plaintiff’s expert witness (see the dissenting opinion of Mr. Justice J. Irwin Shapiro at the Appellate Division).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Stevens. Taking no part: Judge Rabin.

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Bluebook (online)
316 N.E.2d 579, 34 N.Y.2d 863, 359 N.Y.S.2d 113, 1974 N.Y. LEXIS 1463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-flushing-hospital-medical-center-ny-1974.