Nieves v. Union Hospital of Bronx

Appellate Division of the Supreme Court of New York

Nieves v. Union Hospital of Bronx

246 A.D.2d 485, 667 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 695

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

DecidedJanuary 29, 1998

StatusPublished

This text of 246 A.D.2d 485 (Nieves v. Union Hospital of Bronx) 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

Nieves v. Union Hospital of Bronx, 246 A.D.2d 485, 667 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 695 (N.Y. Ct. App. 1998).

Pincite

Opinion

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered June 17, 1997, which denied defendant hospital’s motion to amend its answer to assert a claim for indemnification or contribution against defendant City of New York, denied plaintiffs’ cross motion to vacate a prior order of the same court and Justice dismissing the complaint as against defendant City unless either plaintiff or defendant hospital advised the court in writing by a date certain of a theory of liability against the City, and dismissed the complaint as against defendant City, unanimously affirmed, without costs.

The action was properly dismissed as against the City on the ground that plaintiffs’ allegations fail to show that the City’s police officers were negligent in taking plaintiffs’ decedent to the hospital, or, assuming negligence, that the decedent would not have died had the police officers acted differently. Defendant hospital’s motion to interpose a third-party claim against the City was properly denied for the same reason. Concur—Milonas, J. P., Rosenberger, Williams and Mazzarelli, JJ.

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

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered June 17, 1997, which denied defendant hospital’s motion to amend its answer to assert a claim for indemnification or contribution against defendant City of New York, denied plaintiffs’ cross motion to vacate a prior order of the same court and Justice dismissing the complaint as against defendant City unless either plaintiff or defendant hospital advised the court in writing by a date certain of a theory of liability against the City, and dismissed the complaint as against defendant City, unanimously affirmed, without costs.

The action was properly dismissed as against the City on the ground that plaintiffs’ allegations fail to show that the City’s police officers were negligent in taking plaintiffs’ decedent to the hospital, or, assuming negligence, that the decedent would not have died had the police officers acted differently. Defendant hospital’s motion to interpose a third-party claim against the City was properly denied for the same reason. Concur—Milonas, J. P., Rosenberger, Williams and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

246 A.D.2d 485, 667 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nieves-v-union-hospital-of-bronx-nyappdiv-1998.