Ferlito v. Dara
Cases that cite this one
12 later published cases cite this decision.
- Hutchins v. Mestad (Appellate Division of the Supreme Court of New York 2026)
- Sweeney v. Niagara Lutheran Dev., Inc. (Appellate Division of the Supreme Court of New York 2025)
- Cully v. Ricottone (Appellate Division of the Supreme Court of New York 2024)
- Braxton v. Erie County Med. Ctr. Corp. (Appellate Division of the Supreme Court of New York 2022)
- Fay v. Satterly (Appellate Division of the Supreme Court of New York 2018)
- Lamb v. Baker (Appellate Division of the Supreme Court of New York 2017)
- HAAS, CHERYL v. FF THOMPSON HOSPITAL, INC. (Appellate Division of the Supreme Court of New York 2011)
- Haas v. F.F. Thompson Hospital, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Brown v. Arnot Medical Center (Appellate Division of the Supreme Court of New York 2010)
- Gilfus v. CSX Transportation, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Call v. Banner Metals, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Schnittker v. Niagara Frontier Equipment Sales, Inc. (Appellate Division of the Supreme Court of New York 2004)
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
—Appeal from that part of an order of Supreme Court, Erie County (Martoche, J.), entered August 2, 2002, that denied the motion of defendant John D. Urschel, M.D. seeking summary judgment dismissing the amended complaint against him.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Supreme Court properly denied the motion of John D. Urschel, M.D. (defendant) seeking summary judgment dismissing the amended complaint against him. The conflicting opinions of the experts for plaintiff and defendant with respect to causation and defendant’s alleged deviation from the accepted standard of medical care present credibility issues that cannot be resolved on a motion for summary judgment (see Gedon v Bry-Lin Hosps., 286 AD2d 892, 894 [2001], lv denied 98 NY2d 601 [2002]). Present — Pine, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.