Guerin v. North Shore University Hospital
Cases that cite this one
5 later published cases cite this decision.
- Derrick v. North Star Orthopedics, PLLC (Appellate Division of the Supreme Court of New York 2014)
- Perre v. Vassar Bros. Hospital (Appellate Division of the Supreme Court of New York 2008)
- Plato v. Guneratne (Appellate Division of the Supreme Court of New York 2008)
- Vera v. Soohoo (Appellate Division of the Supreme Court of New York 2007)
- Savage v. Franco (Appellate Division of the Supreme Court of New York 2006)
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
In an action, inter alia, to recover damages for medical malpractice, the defendant St. Francis Hospital Foundation, Inc., appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Nassau County (Mahon, J.), dated July 18, 2003, as denied its motion for summary judgment dismissing the amended complaint insofar as asserted against it, and (2) an order of the same court, dated November 17, 2003, as, upon renewal, adhered to the original determination.
Ordered that the appeal from the order dated July 18, 2003, is dismissed, as that order was superseded by the order dated November 17, 2003, made upon renewal; and it is further,
Ordered that the order dated November 17, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The defendant St. Francis Hospital Foundation, Inc. (hereinafter St. Francis), in relying principally on the affirmation of the expert witness of its codefendant North Shore University Hospital (hereinafter North Shore), submitted in support of North Shore’s motion for summary judgment, failed to establish, prima facie, that an alleged delay in transferring the plaintiffs decedent from St. Francis to North Shore was not a departure from accepted medical standards (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Christiana v Benedictine Hosp., 248 AD2d 910 [1998]). The expert’s affirmation made no
Case-law data current through December 31, 2025. Source: CourtListener bulk data.