Mustello v. Berg
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Daniele v. Pain Mgt. Ctr. of Long Is. (Appellate Division of the Supreme Court of New York 2019)
- Bongiovanni v. Cavagnuolo (Appellate Division of the Supreme Court of New York 2016)
- Martinez v. Quintana (Appellate Division of the Supreme Court of New York 2016)
- Ozugowski v. City of New York (Appellate Division of the Supreme Court of New York 2011)
- Glazer v. Choong-Hee Lee (Appellate Division of the Supreme Court of New York 2008)
- Deitch v. Sands Point Ctr. for Health & Rehabilitation (Appellate Division of the Supreme Court of New York 2025)
- Combs v. Madejski (Appellate Division of the Supreme Court of New York 2024)
- Trager v. Bryant Park Endodontics (New York Supreme Court, New York County 2024)
- Quinones v. Winthrop Univ. Hosp. (Appellate Division of the Supreme Court of New York 2024)
- Hannen v. Nici (Appellate Division of the Supreme Court of New York 2024)
- Abruzzi v. Maller (Appellate Division of the Supreme Court of New York 2023)
- Greenspan v. Stand-Up MRI of Manhattan, P.C. (Appellate Division of the Supreme Court of New York 2022)
- Pinnock v. Mercy Med. Ctr. (Appellate Division of the Supreme Court of New York 2020)
- J v. v. Robles (Appellate Division of the Supreme Court of New York 2020)
- J v. v. Robles (Appellate Division of the Supreme Court of New York 2020)
- Roye v. Gelberg (Appellate Division of the Supreme Court of New York 2019)
- Korszun v. Winthrop Univ. Hosp. (Appellate Division of the Supreme Court of New York 2019)
- Macancela v. Wyckoff Hgts. Med. Ctr. (Appellate Division of the Supreme Court of New York 2019)
- Galluccio v. Grossman (Appellate Division of the Supreme Court of New York 2018)
- DiLorenzo v. Zaso (Appellate Division of the Supreme Court of New York 2017)
- Bartolacci-Meir v. Sassoon (Appellate Division of the Supreme Court of New York 2017)
- Tsitrin v. New York Community Hospital (Appellate Division of the Supreme Court of New York 2017)
- Lavi v. NYU Hospitals Center (Appellate Division of the Supreme Court of New York 2015)
- Tsimbler v. Fell (Appellate Division of the Supreme Court of New York 2014)
- Bey v. Neuman (Appellate Division of the Supreme Court of New York 2012)
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 to recover damages for personal injuries arising from medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), entered June 12, 2006, as granted the cross motion of the defendants Paul Berg and Prohealth Care Associates, LLR inter alia, for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants Paul Berg and Prohealth Care Associates, LLP (hereinafter Prohealth), made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In this regard, Berg and Prohealth submitted an expert medical affidavit attesting that the treatment they rendered conformed to good and acceptable medical practice (see Holbrook v United Hosp. Med. Ctr., 248 AD2d 358 [1998]; LaMarque v North Shore Univ. Hosp., 227 AD2d 594 [1996]). In opposition, the plaintiff came forward with the affidavit of a general surgeon who contested the opinions of Berg and Prohealth’s expert concerning the gastroenterological treatment administered to the plaintiff. The
Case-law data current through September 30, 2026. Source: CourtListener bulk data.