Robarge v. Gerhath

Appellate Division of the Supreme Court of New York

Robarge v. Gerhath

77 A.D.2d 618, 431 N.Y.S.2d 995, 1980 N.Y. App. Div. LEXIS 12338

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

DecidedJuly 21, 1980

StatusPublished

This text of 77 A.D.2d 618 (Robarge v. Gerhath) 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

Robarge v. Gerhath, 77 A.D.2d 618, 431 N.Y.S.2d 995, 1980 N.Y. App. Div. LEXIS 12338 (N.Y. Ct. App. 1980).

Pincite

Opinion

In anaction to recover damages for medical malpractice, assault and battery, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated October 15, 1979, as granted that branch of plaintiff’s motion which was for summary judgment as to liability on the causes of action for assault and battery. Order reversed insofar as appealed from, and plaintiffs motion is denied in its entirety, without costs or disbursements. Summary judgment was granted on the basis of the collateral estoppel effect of the criminal conviction of the defendant doctor of attempted assault in the third degree. In view of this court’s reversal of the conviction (People v Gerhath, 77 AD2d 628), summary judgment should not be granted. Mollen, P. J., Gibbons, Martuscello and Weinstein, JJ., concur.

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In anaction to recover damages for medical malpractice, assault and battery, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated October 15, 1979, as granted that branch of plaintiff’s motion which was for summary judgment as to liability on the causes of action for assault and battery. Order reversed insofar as appealed from, and plaintiffs motion is denied in its entirety, without costs or disbursements. Summary judgment was granted on the basis of the collateral estoppel effect of the criminal conviction of the defendant doctor of attempted assault in the third degree. In view of this court’s reversal of the conviction (People v Gerhath, 77 AD2d 628), summary judgment should not be granted. Mollen, P. J., Gibbons, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

77 A.D.2d 618, 431 N.Y.S.2d 995, 1980 N.Y. App. Div. LEXIS 12338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robarge-v-gerhath-nyappdiv-1980.

Opinion

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