Fiederlein v. New York City Health & Hospitals Corp.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Felice Fedder Oriental Art, Inc. v. Scanlon (District Court, S.D. New York 1989)
- Pemberton v. City of New York (District Court, S.D. New York 2020)
- Wallace v. Suffolk County Police Department (District Court, E.D. New York 2011)
- Cummins v. County of Onondaga (N.Y. 1994)
- Hailan Cui v. State of New York (N.Y. Ct. Cl. 2025)
- Curry v. Hudson Valley Hospital Center (Appellate Division of the Supreme Court of New York 2013)
- Curry v. Hudson Valley Hospital Center (Appellate Division of the Supreme Court of New York 2013)
- Ferguson v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Wulbrecht v. Jehle (New York Supreme Court 2010)
- Phelan v. State (N.Y. Ct. Cl. 2005)
- Zurita v. McGinnis (Appellate Division of the Supreme Court of New York 2004)
- Fa-Shun Ou v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2003)
- Maracallo v. Board of Education (New York Supreme Court 2003)
- Maracallo v. Board of Educ. of the City of New York (New York Supreme Court 2003)
- Seibert v. Fink (Appellate Division of the Supreme Court of New York 2001)
- Pullman v. Pullman (Appellate Division of the Supreme Court of New York 1995)
- Cummins v. County of Onondaga (Appellate Division of the Supreme Court of New York 1993)
- Williams v. City of New York (Appellate Division of the Supreme Court of New York 1991)
- Delosovic v. City of New York (New York Supreme Court 1989)
- Marmo v. Southside Hospital (Appellate Division of the Supreme Court of New York 1988)
- Littleton v. Good Samaritan Hospital & Health Center (Ohio 1988)
- Schrempf v. State (N.Y. 1985)
- Wilson v. State (Appellate Division of the Supreme Court of New York 1985)
- O'rourke v. Eastern Air Lines (2d Cir. 1984)
- Huntley v. State of New York (N.Y. 1984)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The evidence was insufficient to form the basis for a jury award of damages for conscious pain and suffering. Mere conjecture, surmise or speculation is not enough to sustain a claim for damages. There was no direct proof of the cause of the decedent’s death and, more importantly, there was no proof of conscious pain and suffering in connection with
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.