New York Court of Appeals, 1971

Malvica v. Blumenfeld

New York Court of Appeals · Decided April 21, 1971

28 N.Y.2d 851; 271 N.E.2d 227; 322 N.Y.S.2d 249; 1971 N.Y. LEXIS 1371

Cases that cite this one

5 later published cases cite this decision.

Colton v. New York Hospital (New York Supreme Court 1979)
Ruge v. Arden Hill Hospital (New York Supreme Court 1975)
Hill v. St. Clare's Hospital (N.Y. 1986)
Kaye 1969 Associates v. Lese (Appellate Division of the Supreme Court of New York 1979)
Sea-Land Dredging Corp. v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1976)

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 affirmed, without costs. The case is governed by Milks v. McIver (264 N. Y. 267), the release having been given without reservation at a time when the fact of aggravation of the injury by malpractice was fully known, as the Appellate Division held, and thus is without the ambit of Derby v. Prewitt (12 N Y 2d 100). Contrary to appellant’s contention, section 15-105 of the General Obligations Law (formerly Debtor and Creditor Law, § 235) is not applicable. (See Rector of St. James Church v. Cty of New York, 261 App. Div. 614; contra, Berlow v. New York State Thruway Auth., 35 A D 2d 356.) Indeed, the same contention was argued and implicitly rejected in Rapp v. Myers (291 N. Y. 709).

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Jasen and Gibson. Judges Burke and Breitel concur on constraint of Milks v. McIver (264 N. Y. 267).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.