Parker v. Parker, 73 A.D.2d 688 (N.Y. App. Div. 1979). · Go Syfert
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Parker v. Parker, 73 A.D.2d 688 (N.Y. App. Div. 1979). Cases Citing This Book View Copy Cite
7 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Rogin v. Rogin (nyappdiv, 2011-12-15)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Rogin v. Rogin
N.Y. App. Div. · 2011 · confidence medium
Moreover, as noted by the motion court, any delay of the nonpayment proceeding resulting from joinder of these actions, can be ameliorated by ordering expedited discovery concomitantly with the issuance of the order mandating that the actions be joined (id.; Tillotson v Shulman, 73 AD2d 688, 689 [1979]).
discussed Cited "see, e.g." Heine v. Albin Gustafson Co.
N.Y. Sup. Ct. · 1983 · signal: see also · confidence low
Because a default judgment in a doctor’s action for services rendered “necessarily” implies performance by him of the contract, the patient is estopped by the judgment in a subsequent action for malpractice arising out of the rendition of the same services (see, e.g., Blair v Bartlett, 75 NY 150 ; Gates v Preston, 41 NY 113 ; Kossover v Trattler, 82 AD2d 610 ; Goldfarb v Cranin, 35 Misc 2d 126 ; see, also, Tillotson v Shulman, 73 AD2d 688 ; Kagan Meat & Poultry v Kalter, 70 AD2d 632 [legal malpractice]).
discussed Cited "see, e.g." Kossover v. Trattler
N.Y. App. Div. · 1981 · signal: see also · confidence low
Thus, assuming the rule to be that a default judgment in favor of a doctor against his patient for services rendered bars a subsequent action for medical malpractice arising out of the rendition of the same services (see Blair v Bartlett, 75 NY 150 ; Gates v Preston, 41 NY 113 ; see, also, Tillotson v Shulman, 73 AD2d 688 ), we nevertheless believe that the principles of res judicata and collateral estoppel can have no application where, as here, the underlying services and, perforce, the issues necessarily determined in the prior action were in no respect the same (cf. Blair v Bartlett, supra…
Retrieving the full opinion text from the archive…
Valentine F. Parker
v.
Judith R. Parker
Appellate Division of the Supreme Court of the State of New York.
Dec 31, 1979.
73 A.D.2d 688
Damiani.
Published

Lead Opinion

Order of the Supreme Court, Suffolk County, dated March 16, 1979, affirmed insofar as appealed from, with $50 costs and disbursements (see Greschler v Greschler, 71 AD2d 322). Mollen, P. J., Lazer and Margett, JJ., concur.

Concurrence

Damiani, J.,

concurs in the result on constraint of Greschler v Greschler (71 AD2d 322).