Derlicka v. Leo
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Massimilian v. Board of Education (Appellate Division of the Supreme Court of New York 1941)
- Krauss v. Layman (Appellate Division of the Supreme Court of New York 1941)
- Regan v. Sullivan (2d Cir. 1977)
- Regan v. Sullivan (2d Cir. 1977)
- Cooper v. Morin (Appellate Division of the Supreme Court of New York 1975)
- Pope v. Memorial Hospital (District Court, S.D. New York 1974)
- Griffin v. Cumberland Hospital (New York Supreme Court 1959)
- Sandak v. Tuxedo Union School District No. 3 (N.Y. 1954)
- Schmid v. Werner (Appellate Division of the Supreme Court of New York 1950)
- Martinez v. Modica (New York Supreme Court 1948)
- Schmid v. Werner (New York Supreme Court 1947)
- Kosiba v. City of Syracuse (Appellate Division of the Supreme Court of New York 1940)
- DeGradi v. Coney Island Medical Group (Appellate Division of the Supreme Court of New York 1991)
- Kramer v. City of New York (Appellate Division of the Supreme Court of New York 1990)
- Butterfield v. Board of Trustees of Schenectady County Community College (Appellate Division of the Supreme Court of New York 1987)
- Norr v. Spiegler (Appellate Division of the Supreme Court of New York 1980)
- Ballin v. Larkin (New York Supreme Court 1970)
- Stephens v. Department of Health (New York Supreme Court 1970)
- Republic of Argentina v. City of New York (N.Y. 1969)
- Siegel v. Epstein (Appellate Division of the Supreme Court of New York 1964)
- Hahin v. City of Buffalo (New York Supreme Court 1964)
- Griffo v. Tauriello (New York Supreme Court 1960)
- Sandak v. Tuxedo Union School District No. 3 (Appellate Division of the Supreme Court of New York 1954)
- Sandak v. Tuxedo Union School District No. 3 (New York Supreme Court 1953)
- Feisthamel v. Roczen (Appellate Division of the Supreme Court of New York 1948)
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
The General Muncipal Law (Cons. Laws, ch. 24), section 50-d, imposes upon a municipal corporation ultimate liability for all damages for personal injuries, sustained by reason of the malpractice of a physician or dentist, while rendering medical services or dental services of any kind, gratuitously, to a person in a public institution maintained in whole or in part by the municipal corporation. For the wrong done to the patient by the physician the statute creates a new remedy against the city in favor of the injured person. The liability which existed at common law may still be enforced by action against the physician, but the physician would have a right to insist that in accordance with the statute he be saved harmless by the municipal corporation. The effect of any action, whether brought against the municipality or against the physician or dentist, is determined by the provisions of the statute and, by the *269 express terms of the statute, may be maintained only if “ the applicable provisions of law pertaining to the commencement of action and the filing of notice of intention to commence action against such municipal corporation shall be strictly complied with.”
The order of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. The certified question is answered in the affirmative.
Crane, Ch. J., Lehman, Hubbs, Lottghran, Finch and Rippey, JJ., concur; O’Brien, J., taking no part.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.