Barry v. Good Samaritan Hospital
Cases that cite this one
7 later published cases cite this decision.
- McRory v. Craft Architectural Metals Corp. (Appellate Division of the Supreme Court of New York 1985)
- Moustakas v. Bouloukos (Appellate Division of the Supreme Court of New York 1985)
- Michael v. Communications Workers of America AFL-CIO (New York Supreme Court 1985)
- Chemical Bank v. Von Bulow (N.Y. 1984)
- Curry v. Nocket (Appellate Division of the Supreme Court of New York 1984)
- O'Dell v. Stornelli (Appellate Division of the Supreme Court of New York 1983)
- Barry v. Good Samaritan Hospital (Appellate Division of the Supreme Court of New York 1982)
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
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and the case remitted to the Appellate Division. The Appellate Division exercises the same discretion as does Special Term and may modify a Special Term order in the exercise of discretion even though it cannot be said that Special Term abused its discretion (Matter of Attorney-General of State of N. Y. v Katz, 55 NY2d 1015, 1017). Here, however, the Appellate Division’s modification was on the law. Because the Special Term order was not an abuse of discretion as a matter of law, there must be a reversal of the Appellate Division order and a remittal to that body for its further consideration on the facts and in the exercise of discretion.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.