Giuliano v. Schwartzman

Appellate Division of the Supreme Court of New York

Giuliano v. Schwartzman

47 A.D.2d 836, 368 N.Y.S.2d 461, 1975 N.Y. App. Div. LEXIS 9183

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 1975·Published

Opinion

In a wrongful death action predicated upon alleged medical malpractice, third-party defendant appeals from an order of the Supreme Court, Rockland County, entered September 18, 1974, which denied his motion to dismiss the third-party complaint. Order reversed, on the law, without costs, and motion granted, with leave to third-party plaintiff to move at Special Term for permission to serve an amended third-party complaint, if he be so advised. The third-party complaint does not allege facts showing negligence of any kind on the part of the third-party defendant. Cohalan, Acting P. J., Christ, Brennan, Munder and Shapiro, JJ., concur.

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In a wrongful death action predicated upon alleged medical malpractice, third-party defendant appeals from an order of the Supreme Court, Rockland County, entered September 18, 1974, which denied his motion to dismiss the third-party complaint. Order reversed, on the law, without costs, and motion granted, with leave to third-party plaintiff to move at Special Term for permission to serve an amended third-party complaint, if he be so advised. The third-party complaint does not allege facts showing negligence of any kind on the part of the third-party defendant. Cohalan, Acting P. J., Christ, Brennan, Munder and Shapiro, JJ., concur.

Giuliano v. Schwartzman, 47 A.D.2d 836, 368 N.Y.S.2d 461, 1975 N.Y. App. Div. LEXIS 9183 (N.Y. Ct. App. 1975).

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47 A.D.2d 836 (Giuliano v. Schwartzman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.