Home/Appellate Division of the Supreme Court of New York/Impastato v. De Girolamo

Impastato v. De Girolamo

95 A.D.2d 845, 464 N.Y.S.2d 382, 1983 N.Y. App. Div. LEXIS 18788
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 27, 1983
StatusPublished
Cited by8 cases

This text of 95 A.D.2d 845 (Impastato v. De Girolamo) 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
Impastato v. De Girolamo, 95 A.D.2d 845, 464 N.Y.S.2d 382, 1983 N.Y. App. Div. LEXIS 18788 (N.Y. Ct. App. 1983).

Opinion

— In an action to recover damages for medical malpractice, defendant Paul Citrin, M.D., appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated February 22, 1982, which, inter alla, denied his cross motion to dismiss plaintiff’s complaint as to him for failure to state a cause of action. Order affirmed, with costs. Although Dr. Citrin’s cross motion was denominated as one to dismiss the complaint pursuant to CPLR 3211 (subd [a]), it was made after joinder of issue and, therefore, was actually a motion for summary judgment pursuant to CPLR 3212 (see Connell v Hayden, 83 AD2d 30, 32). There is a sufficient showing in the record to permit a jury to find that the treating physician was Dr. Citrin’s employee. Mollen, P. J., Titone, Bracken and Brown, JJ., concur. [117 Misc 2d 786.]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jeranek v. Gritzer
New York Supreme Court, 2016
Roseman v. Goldberg
181 A.D.2d 873 (Appellate Division of the Supreme Court of New York, 1992)
Commack Roller Rink, Inc. v. Commack Arena Marketing, Inc.
154 A.D.2d 327 (Appellate Division of the Supreme Court of New York, 1989)
Reed v. Gershweir
772 P.2d 26 (Court of Appeals of Arizona, 1989)
Martell v. St. Charles Hospital
137 Misc. 2d 980 (New York Supreme Court, 1987)
Barker v. Saltzman
124 A.D.2d 617 (Appellate Division of the Supreme Court of New York, 1986)
Kotick v. Desai
123 A.D.2d 744 (Appellate Division of the Supreme Court of New York, 1986)
Kanter v. Schlecker
102 A.D.2d 882 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
95 A.D.2d 845, 464 N.Y.S.2d 382, 1983 N.Y. App. Div. LEXIS 18788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/impastato-v-de-girolamo-nyappdiv-1983.