Notable Cases

Alcala v. Soundview Medical Center, 77 A.D.3d 591, 909 N.Y.S.2d 359 (1st Dept. 2010)
(decision denying leave to amend bill of particulars affirmed)
Thomas K. Wittig

Anderson v. Lamaute & Moise, 306 A.D.2d 232, 761 N.Y.S.2d 87 (2nd Dept. 2003)
(summary judgment where plaintiff failed to establish proximate cause)
Samantha E. Quinn

Barhona v. Long Island Ambulatory Surgery Center, 137 A.D.3d 679, 27 N.Y.S.3d 374 (1st Dept. 2016)
(issue at hand was whether trial court erred in dismissing action for lack of duly appointed administrator without prejudice to commence new action pursuant to the savings provision of CPLR205(a). Decision was affirmed)
Thomas K. Wittig

Baptiste v. Harding-Marin, 88 A.D.3d 752, 930 N.Y.S.2d 670, (2nd Dept. 2011), leave to appeal denied 19 N.Y.3d 808, 950 N.Y.S.2d 106 (2012)
(affirmed lower court decision dismissing action as untimely based upon failure to establish continuous course of treatment)
Samantha E. Quinn

Beltrez v. Chambliss, 68 A.D.3d 681, 890 N.Y.S.2d 825 (1st Dept. 2009)
(dismissal of plaintiff’s case affirmed)
Samantha E. Quinn

Benjamin v. Holder, 204 Fed. Appx. 979 (2nd Cir. 2006)
(summary judgment of plaintiff prisoner’s §1983 claim affirmed)
Angela M. Ribaudo

Berkowitz v. Gillen, Supreme New York Index # 128445/95 (2000)
($315,000 verdict for pain and suffering following breast reduction reduced to $245,000 during pendency of post-trial motion)
Samantha E. Quinn

Brinkman v. Davis, Supreme Suffolk Index #1097/99 (2009)
(affirming defense verdict of claim of alleged negligence in performance of spinal surgery)
Samantha E. Quinn

Bronx Lebanon Hospital Center v. Wiznia, 284 A.D.2d 265, 726 N.Y.S. 2d 847 (1st Dept 2001)
(summary judgment affirmed as to liability on employment law claims)
Samantha E. Quinn

Burke v. Beyer, 100 A.D.3d 425, 953 N.Y.S.2d 207 (1st Dep’t 2012)
(affirmed summary judgment for defense in claim of failure to appropriately treat acute renal failure and diabetic ketocacidosis resulting in death)
Samantha E. Quinn

Carman v. Abter, 751 N.Y.S.2d 483, 2002 N.Y. Slip Op. 09557 (1st Dep’t 2002)
(Medical malpractice; summary judgment properly granted)
John E. Barous

Carnovali v. Scher, 121 A.D.3d 552, 995 N.Y.S. 2d 16 (1st Dept.2014)
(issue of fact as to progression of plaintiff’s cancer precluded summary judgement)
Samantha E. Quinn

Chiu-Caranese v. DeMeo, 2 A.D.3d 766, 769 N.Y.S.2d 729 (2nd Dept. 2003)
(affirming jury defense verdict; court properly allowed testimony of defense expert based on notice in 3101(d))
Samantha E. Quinn

Cordero v. Kaiser Organization, Inc., Inc., 288 A.D.2d 424, 733 N.Y.S.2d 234 (2nd Dep’t 2001)

(Labor Law §241(6) claim correctly dismissed)
Samantha E. Quinn

Crucen v. Leary, 55 A.D.3d 510, 867 N.Y.S.2d 49 (1st Dept. 2008)
(malpractice case properly dismissed for failure to comply with requirements of National Childhood Vaccine Injury Act)
Samantha E. Quinn

Curry v. Hudson Valley Hospital Center, 104 A.D.3d 898, 961 N.Y.S.2d 563 (2nd Dept. 2013)
(jury’s award of zero damages for conscious pain and suffering was not against the weight of the evidence)
Samantha E. Quinn

Douayi v. Carissimi, 138 A.D. 3d 410, 29 N.Y.S.3d 31 (1st Dept. 2016)
(affirmed finding of causation based upon hindsight reasoning)
Samantha E. Quinn

Dweck v. Bridge Transportation, 12 A.D. 3d 560, 786 N.Y.S.2d 189 (2nd Dept. 2004)
(summary judgment precluded in property damage and subrogation action)
Samantha E. Quinn

Fahie v. NYCHHC, et al,, 09-CV-08101 (S.D.N.Y. 2010)
(dismissal of plaintiff’s complaint on the grounds that plaintiff has failed to state a claim upon which relief may be granted, namely, that NYCHHC is not a “person” that can be sued pursuant to 42 U.S.C. §1983)
Angela M. Ribaudo

Fontanez v. Lazarus, et al, et al, 68 A.D.3d 558, 889 N.Y.S.2d 844 (1st Dept. 2009)
(affirmed lower court’s decision to vacate award of summary judgment to defendant)
Angela M. Ribaudo

Gilroy v. McCarthy, 678 N.Y.S.2d 644, 678 N.Y.S.2d 644 (2nd Dept. 1998)
(waiver of physician-patient privilege properly found where plaintiff disclosed family history at deposition)
Samantha E. Quinn

Guctas v. Pessolano, 132 A.D.3d 632, 17 N.Y.S.3d 749 (2nd Dept. 2015)
(affirmed lower court decision dismissing action against second year resident based on her participation in procedure)
Samantha E. Quinn

Harford v. Hippolyte, Supreme Kings Index #32282/06 (2009)
($2,200,000 verdict for Erb’s Palsy settled for $1,350,000 during pendency of post-trial motion)
Samantha E. Quinn

Jurado v. Kalache, 93 A.D.3d 759, 940 N.Y.S.2d 300 (2nd Dept. 2012)
(reversed court below and granted motion to strike second supplemental bill of particulars improperly alleging prejudicial and unfounded statutory violations)
Samantha E. Quinn

Lewis-Burnett v. West Side Radiology Associates, 106 A.D.3d 637, 965 N.Y.S.2d 719 (1st Dept. 2013)
(summary judgment affirmed where plaintiff failed to establish proximate cause between positioning during mammogram and rotator cuff injury)
Samantha E. Quinn

Liew v. New York University Medical Center, 55 A.D.3d 566, 865 N.Y.S.2d 278 (2nd Dept. 2008)
(denial of disclosure of non-party organ donor’s records in subsequent malpractice litigation affirmed)
Samantha E. Quinn

McDowell v. Nyack Hospital, et. al, 139 A.D.3d 640, 32 N.Y.S.3d 165 (1st Dept. 2016)
(issue at hand was whether court below erred in denying summary judgement to Nyack Hospital where patient was admitted to the hospital by her private attending physician and where the private physician directed and controlled the patient’s care. The decision was reversed and summary judgement was granted to Nyack Hospital)
Angela M. Ribaudo

McDowell v. Tatar, et. al, 139 A.D.3d 640, 32 N.Y.S.3d 165 (1st Dept. 2016)
(hospital cannot be held liable under an ostensible agency theory for the medical malpractice of the co-defendant physician’s partner)
Angela M. Ribaudo

Muzio v. Napolitano, 82 A.D.3d 947, 919 N.Y.S.2d 64 (2nd Dept. 2011)
(reversal of order denying plaintiff an order of protection for HIPAA information)
Samantha E. Quinn

O’Neill v St. Vincent’s Medical Center of Richmond, Supreme Richmond Index # 11283/02 (2008)
($1,000,000 verdict for pain and suffering for wrongful death from pulmonary embolism settled for $800,000 during pendency of post-trial motion)
Samantha E. Quinn

Paradiso v. St.John’s, 134 A.D.3d 10, 20 N.Y.S.3d 913(2nd Dept 2015)
(CPLR 3403 inapplicable prior to note of issue despite repeated dilatory conduct of plaintiff)
Samantha E. Quinn

Peterson v. Stratford, 253 A.D.2d 744, 677 N.Y.S.2d 492 (2nd Dept. 1998)
(protective order granted with respect to questions seeking privileged information)
Samantha E. Quinn

Pichardo v. Herrera-Acevedo, 77 A.D.3d 641, 908 N.Y.S.2d 446 (2nd Dept. 2010)
(decision denying summary judgment reversed; case dismissed; affirmed on re-argument and leave to appeal denied)
Samantha E. Quinn

Pol v. Tabaddor, 51 A.D.3d 430, 857 N.Y.S.2d 102 (1st Dept. 2008)
(affirming trial court’s granting of judgment notwithstanding the verdict of a $9,792,412 verdict against neurosurgeon where plaintiff failed to establish proximate cause)
Samantha E. Quinn

Prato v. Arzt, 79 A.D.3d 622, 912 N.Y.S.2d 881 (1st Dept. 2010)
(decision denying motion to change venue affirmed)
Samantha E. Quinn

Quinones v. Waltz, 685 N.Y.S.2D 726, 685 N.Y.S.2d 726 1846 (1st Dept. 1999)
(medical malpractice and products liability; partial summary judgment properly granted)
Samantha E. Quinn

Ramirez v. Cruz, 92 A.D.3d 533, 938 N.Y.S.2d 540 (1st Dept. 2012)
(affirming summary judgment of failure to diagnose cancer)
Samantha E. Quinn

Reyes v. Sanchez-Pena et al., 117 A.D.3d 621, 986 N.Y.S.2d 446 (1st Dept. 2014)
(issue at hand was whether lower court erred in denying defendants’ motions of summary judgement. Decision was reversed; defendants established prima facie that the injury symptomology alleged by plaintiff was not a result of a procedure performed by the defendants)
Stephanie Campbell

Rivera v. Greenstein, 79 A.D.3d 564, 914 N.Y.S.2d 94 (1st Dept. 2010)
(judgment notwithstanding verdict granted; $3,000,000 verdict dismissed; affirmed on re-argument and leave denied)
Samantha E. Quinn

Robles v. Brooklyn-Queens Nursing Home, 131 A.D.3d 1032 (2nd Dept. 2015)
(issue at hand was whether trial court erred in decision that dismissal of prior related actions for lack of a duly appointed administrator did not bar plaintiff from commencing a new action pursuant to the savings provision of CPLR 205 (a). Decision was affirmed.)
Thomas K. Wittig

Rosenman v. Shrestha, 48 A.D.3d 781, 852 N.Y.S.2d 378 (2nd Dept. 2008)
(denial of summary judgment affirmed)
Angela M. Ribaudo

Rosas v. Stieg, 108 A.D.3d 693, 968 N.Y.S.2d 886 (1st Dept. 2013)
(Supreme Court’s denial of motion to vacate order of dismissal for plaintiff’s failure to prosecute reversed)
Samantha E. Quinn

Rose v. Zingerg, 128 A.D.3d 940, 8 N.Y.S.3d 582(2nd Dept.2016)
(proximate cause found despite presence of metastatic cancer at time of alleged malpractice)
Samantha E. Quinn

Santiago v. Nyack Hospital, 68 A.D.3d 845, 889 N.Y.S.2d 494 (2nd Dept. 2009)
(order denying request for dismissal affirmed)
Samantha E. Quinn

Scalisi v. Oberlander, 96 A.D.3d 106, 943 N.Y.S.2d 23 (1st Dept. 2012)
(issues of fact precluded summary judgment)
Samantha E. Quinn

Sedita v. Salvatore, Queens County Index #26692/05 (2008)
(Evidence sufficient to support jury’s verdict in alleged negligent diagnosis of Crohn’s Disease Case)
Samantha E. Quinn

Shaikh v. Chaudhry, Bronx County Index #24315/98 (2013)
(plaintiff’s motion to set aside defense verdict denied in case alleging failure to diagnose gastric cancer)
Samantha E. Quinn

Shirinova v. New York City Health and Hospitals Corporation, 34 A.D.3d 442, 824 N.Y.S.2d 137 (2nd Dept. 2006)
(defendants’ expert disclosure sufficient to satisfy requirements of CPLR §3101(d))
Samantha E. Quinn

Soto v. Dupret, 93 A.D.3d 481, 939 N.Y.S.2d 849 (Mem), 2012 (1st Dept. 2012)
(reversed lower court and held that plaintiff’s claim was time-barred where plaintiff failed to establish applicability of relation back doctrine)
Samantha E. Quinn

Tart-Bynoe v. New York Bronx Pediatric Medicine, P.C., Bronx County Index #301311/07 (2012)
(evidence sufficient to support jury’s verdict)
Samantha E. Quinn

Thapt v. Shahine et al, 89 A.D.3d 837, 932 N.Y.S.2d 346 (2nd Dept. 2011)
(affirmed lower court decision dismissing action)
Angela M. Ribaudo

Tran v. New Rochelle Hospital Medical Center, 291 A.D.2d 121, 740 N.Y.S.2d 11 (1st Dept. 2002); rev’d 99 N.Y. 2d 383, 756 N.Y.S.2d 509 (2003)
(granted plaintiff right to review surveillance tape in medical malpractice action)
Samantha E. Quinn

Upshur v. Staten Island Medical Group, 88 A.D.3d 785, 930 N.Y.S.2d 649 (2nd Dept. 2012)
(physician not proximate cause of injuries allegedly sustained by infant born of diabetic patient, and New York does not recognize cause of action for preconception torts)
Thomas K. Wittig

Wells v. Continuum Health Partners, 118 A.D.3d 632, 988 N.Y.S.2d 734 (1st Dept. 2014)
(issue at hand was whether the trial court erred in granting the defendant’s motion to dismiss for ineffective service of process following traverse hearing. Decision was reversed)
Angela M. Ribaudo

Zafra v. Ascensio, Sup. Queens Index #29273/03) (2009)
($3,000,000 verdict for pain and suffering and wrongful death settled for $475,000 during pendency of post-trial motion)
Samantha E. Quinn