Galiardo v. St. Vincent's Hospital and Medical Center

Appellate Division of the Supreme Court of New York

Galiardo v. St. Vincent's Hospital and Medical Center

70 A.D.2d 563, 417 N.Y.S.2d 60, 1979 N.Y. App. Div. LEXIS 11952

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1979

StatusPublished

This text of 70 A.D.2d 563 (Galiardo v. St. Vincent's Hospital and Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galiardo v. St. Vincent's Hospital and Medical Center, 70 A.D.2d 563, 417 N.Y.S.2d 60, 1979 N.Y. App. Div. LEXIS 11952 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Judgment, Supreme Court, New York County, entered March 2, 1978, awarding plaintiff $100,000 with interest, costs and disbursements, reversed, on the law, and remanded for a new trial, with costs to abide the event. In this wrongful death action alleging medical malpractice by the defendants in allegedly prematurely discharging the deceased from a hospital following his collapse from an apparent methadone overdose, it was error not to permit the defendants to introduce evidence that the deceased ingested Valium following his release which contributed to his death. We are not persuaded that the bill of particulars interposed by the defendant hospital did not embrace this defense contention. It is, accordingly, unnecessary for us to reach the damage issue also raised on the appeal by both sides. Concur — Birns, J. P., Fein, Sandler, Silverman and Ross, JJ.

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— Judgment, Supreme Court, New York County, entered March 2, 1978, awarding plaintiff $100,000 with interest, costs and disbursements, reversed, on the law, and remanded for a new trial, with costs to abide the event. In this wrongful death action alleging medical malpractice by the defendants in allegedly prematurely discharging the deceased from a hospital following his collapse from an apparent methadone overdose, it was error not to permit the defendants to introduce evidence that the deceased ingested Valium following his release which contributed to his death. We are not persuaded that the bill of particulars interposed by the defendant hospital did not embrace this defense contention. It is, accordingly, unnecessary for us to reach the damage issue also raised on the appeal by both sides. Concur — Birns, J. P., Fein, Sandler, Silverman and Ross, JJ.

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Bluebook (online)

70 A.D.2d 563, 417 N.Y.S.2d 60, 1979 N.Y. App. Div. LEXIS 11952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galiardo-v-st-vincents-hospital-and-medical-center-nyappdiv-1979.