Hargis v. Samaritan Keep Home/Medical Center

Appellate Division of the Supreme Court of New York

Hargis v. Samaritan Keep Home/Medical Center

305 A.D.2d 1018, 758 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 4719

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

DecidedMay 2, 2003

StatusPublished

This text of 305 A.D.2d 1018 (Hargis v. Samaritan Keep Home/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

Hargis v. Samaritan Keep Home/Medical Center, 305 A.D.2d 1018, 758 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 4719 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), dated July 10, 2002, which, inter aha, granted defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court, Jefferson County (Gilbert, J.). We add only that plaintiffs contention concerning the inapplicability of absolute privilege is raised for the first time on appeal and [1019]*1019thus is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). Present — Pigott, Jr., P.J., Green, Pine, Burns and Gorski, JJ.

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—Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), dated July 10, 2002, which, inter aha, granted defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court, Jefferson County (Gilbert, J.). We add only that plaintiffs contention concerning the inapplicability of absolute privilege is raised for the first time on appeal and [1019]*1019thus is not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [1994]). Present — Pigott, Jr., P.J., Green, Pine, Burns and Gorski, JJ.

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Bluebook (online)

305 A.D.2d 1018, 758 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 4719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargis-v-samaritan-keep-homemedical-center-nyappdiv-2003.

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