Lesser v. Long Island Jewish Hillside Medical Center

Appellate Division of the Supreme Court of New York

Lesser v. Long Island Jewish Hillside Medical Center

72 A.D.2d 596, 421 N.Y.S.2d 97, 1979 N.Y. App. Div. LEXIS 13707

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

DecidedOctober 29, 1979

StatusPublished

This text of 72 A.D.2d 596 (Lesser v. Long Island Jewish Hillside 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

Lesser v. Long Island Jewish Hillside Medical Center, 72 A.D.2d 596, 421 N.Y.S.2d 97, 1979 N.Y. App. Div. LEXIS 13707 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a wrongful [597]*597death action, the defendant Roy Slutsky, by his guardian ad litem, appeals from an order of the Supreme Court, Nassau County, dated December 20, 1978, which granted the motion of the plaintiff administrator for summary judgment as against him on the issue of liability. Order affirmed, with $50 costs and disbursements. The appellant’s attorney concedes in his brief that the plaintiff "[has] established that the decedent * * * met his death at the hands of the defendant Roy Slutsky.” Given that concession of the wrongful act (see EPTL 5-4.1), which is the precise issue of fact underlying the appellant’s liability to the plaintiff’s deceased, there is no reason to conduct a trial of that issue and summary judgment was properly granted (see CPLR 3212, subd [b]). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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

In a wrongful [597]*597death action, the defendant Roy Slutsky, by his guardian ad litem, appeals from an order of the Supreme Court, Nassau County, dated December 20, 1978, which granted the motion of the plaintiff administrator for summary judgment as against him on the issue of liability. Order affirmed, with $50 costs and disbursements. The appellant’s attorney concedes in his brief that the plaintiff "[has] established that the decedent * * * met his death at the hands of the defendant Roy Slutsky.” Given that concession of the wrongful act (see EPTL 5-4.1), which is the precise issue of fact underlying the appellant’s liability to the plaintiff’s deceased, there is no reason to conduct a trial of that issue and summary judgment was properly granted (see CPLR 3212, subd [b]). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 596, 421 N.Y.S.2d 97, 1979 N.Y. App. Div. LEXIS 13707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lesser-v-long-island-jewish-hillside-medical-center-nyappdiv-1979.