Giunta v. Lawrence Hospital
Cases that cite this one
1 later published case cites this decision.
- Marshall v. Rosenberg (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about February 4, 1999, which, in a medical malpractice action, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Defendant-appellant pediatric cardiologist’s motion for summary judgment was properly denied since a material issue of fact exists as to whether defendant-appellant’s alleged statement, that he did not believe the infant plaintiff was in congestive heart failure and that his examination of the child could wait until the following day, constituted incorrect affirmative advice (see, Miller v Sullivan, 214 AD2d 822, 823), reasonably and foreseeably relied upon by the infant plaintiff’s pediatrician, defendant-respondent, to plaintiff’s detriment (see, Heller v Peekskill Community Hosp., 198 AD2d 265). Concur — Williams, J. P., Ellerin, Rubin and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.