Louison v. St. Mary's Hospital

Appellate Division of the Supreme Court of New York

Louison v. St. Mary's Hospital

11 A.D.3d 518, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12027

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

DecidedOctober 12, 2004

StatusPublished

Cited by2 cases

This text of 11 A.D.3d 518 (Louison v. St. Mary's Hospital) 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

Louison v. St. Mary's Hospital, 11 A.D.3d 518, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12027 (N.Y. Ct. App. 2004).

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Opinion

In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rings County (Levine, J.), dated January 23, 2004, as denied their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs moved for summary judgment on the basis of the doctrine of res ipsa loquitur. This doctrine may not be used as the basis for granting summary judgment in favor of a plaintiff on the issue of liability (see Martinez v City of New York, 292 AD2d 349 [2002]; Capolongo v Giant Carpet, 292 AD2d 331 [2002]; Vaynberg v Provident Operating Corp., 269 AD2d 442 [2000]; Feuer v HASC Summer Program, 247 AD2d 429 [1998]). Accordingly, the Supreme Court correctly denied their motion. Smith, J.P., Crane, Cozier and Lifson, JJ., concur.

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In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rings County (Levine, J.), dated January 23, 2004, as denied their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs moved for summary judgment on the basis of the doctrine of res ipsa loquitur. This doctrine may not be used as the basis for granting summary judgment in favor of a plaintiff on the issue of liability (see Martinez v City of New York, 292 AD2d 349 [2002]; Capolongo v Giant Carpet, 292 AD2d 331 [2002]; Vaynberg v Provident Operating Corp., 269 AD2d 442 [2000]; Feuer v HASC Summer Program, 247 AD2d 429 [1998]). Accordingly, the Supreme Court correctly denied their motion. Smith, J.P., Crane, Cozier and Lifson, JJ., concur.

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Bluebook (online)

11 A.D.3d 518, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louison-v-st-marys-hospital-nyappdiv-2004.

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