Appellate Division of the Supreme Court of New York, 1961

Vitaliano v. Knapp

Vitaliano v. Knapp
Appellate Division of the Supreme Court of New York · Decided December 27, 1961
15 A.D.2d 573; 1961 N.Y. App. Div. LEXIS 6894
Vitaliano v. Knapp

Opinion of the Court

No opinion. Beldoek, Acting P. J., Kleinfeld and Brennan, JJ., concur; Ughetta and Christ, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, on the ground that there is no proof that defendant Knapp deviated from standard and approved practice or that there was any want of ordinary and reasonable care on Ms part. An error of judgment does not render a physician liable provided he does what he thinks is best after careful examination (Pike v. Honsinger, 155 N. Y. 201).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.