Imperato v. Mount Sinai Medical Center

New York Court of Appeals

Imperato v. Mount Sinai Medical Center

962 N.E.2d 278, 18 N.Y.3d 871, 938 N.Y.S.2d 853, 2012 NY Slip Op 107

CourtNew York Court of Appeals

DecidedJanuary 12, 2012

Docket63 SSM 45

StatusPublished

Cited by2 cases

This text of 962 N.E.2d 278 (Imperato v. Mount Sinai 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

Imperato v. Mount Sinai Medical Center, 962 N.E.2d 278, 18 N.Y.3d 871, 938 N.Y.S.2d 853, 2012 NY Slip Op 107 (N.Y. 2012).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The certified question should be answered by stating that the preclusion order was properly vacated.

Under the circumstances of this case, the Appellate Division correctly determined that plaintiffs demonstrated the existence of a meritorious claim for purposes of avoiding preclusion. Specifically, the expert witness disclosure submitted by plaintiffs pursuant to CPLR 3101 (d) (1) (i) detailed the expert medical opinion evidence supporting the claim.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

*873 On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

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