New York Court of Appeals, 1988

Gross v. Friedman

New York Court of Appeals · Decided November 17, 1988

73 N.Y.2d 721; 535 N.Y.S.2d 586; 532 N.E.2d 92; 1988 N.Y. LEXIS 3324

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

Gerace v. United States (2d Cir. 2008)
Armond v. Strangio (Appellate Division of the Supreme Court of New York 2024)
Sessa v. Peconic Bay Med. Ctr. (Appellate Division of the Supreme Court of New York 2021)
DeLaney v. Perez (District Court, S.D. New York 2021)
Bridges v. The State of New York Correctional Services (District Court, S.D. New York 2020)
Gachette v. Leak (Appellate Division of the Supreme Court of New York 2019)
Bongiovanni v. Cavagnuolo (Appellate Division of the Supreme Court of New York 2016)
James v. Wormuth (N.Y. 2013)
Stukas v. Streiter (Appellate Division of the Supreme Court of New York 2011)
Arias v. Flushing Hospital Medical Center (Appellate Division of the Supreme Court of New York 2002)
Estate of Mollo v. Rothman (Appellate Division of the Supreme Court of New York 2001)
Placakis v. City of New York (Appellate Division of the Supreme Court of New York 2001)
Perrone v. Grover (Appellate Division of the Supreme Court of New York 2000)
Berger v. Becker (Appellate Division of the Supreme Court of New York 2000)
Erbstein v. Savasatit (Appellate Division of the Supreme Court of New York 2000)
Lebron v. St. Vincent's Hospital & Medical Center (Appellate Division of the Supreme Court of New York 1999)
Kelly v. Lieber (Appellate Division of the Supreme Court of New York 1999)
Duffen v. State (Appellate Division of the Supreme Court of New York 1997)
Esposito v. Jenson (Appellate Division of the Supreme Court of New York 1996)
Naughton v. Arden Hill Hospital (Appellate Division of the Supreme Court of New York 1995)
Morrison v. Hindley (Appellate Division of the Supreme Court of New York 1995)
McMahon v. Badia (Appellate Division of the Supreme Court of New York 1993)
Ferrara v. South Shore Orthopedic Associates (Appellate Division of the Supreme Court of New York 1991)
Gruntz v. Deepdale General Hospital (Appellate Division of the Supreme Court of New York 1990)
Donohoe v. Goldner (Appellate Division of the Supreme Court of New York 1990)

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, for the reasons stated in the memorandum of that court (138 AD2d 571).

We add that the recommendation of the medical malpractice mediation panel (see, Judiciary Law § 148-a [8]) that "there is liability on the part of the defendant” does not establish a prima facie case of medical malpractice. Although such a recommendation is admissible, it remains the fact *723finder’s independent duty to determine, among other things, the accepted standard of medical practice, whether defendant departed from that standard and, if so, whether such departure was the proximate cause of plaintiffs injuries (see, Treyball v Clark, 65 NY2d 589). The panel’s conclusory assertion provided no basis for the jury to make such determinations and, accordingly, does not cure the deficiencies in the proof as to such matters that were identified by the Appellate Division.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.

Order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.