Thomas Edward Frost v. Erie Cnty. Med. Ctr. & Roger Seibel, M.D., 99 F.3d 401 (2d Cir. 1995). · Go Syfert
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Thomas Edward Frost v. Erie Cnty. Med. Ctr. & Roger Seibel, M.D., 99 F.3d 401 (2d Cir. 1995). Cases Citing This Book View Copy Cite
72 citation events (32 in the last 25 years) across 18 distinct courts.
Strongest positive: Gonzalez v. United States (nysd, 2019-07-29)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited "see" Gonzalez v. United States
S.D.N.Y. · 2019 · signal: see · confidence high
See United States v. Rivas, 99 F.3d 401 , 1995 WL 736547,at *1 (2d Cir. 1995) (summary order); Brandon v. United States, 2011 WL 4801362 , at *4 (S.D.N.Y.
discussed Cited "see" Weizmann Institute of Science v. Neschis
S.D.N.Y. · 2005 · signal: see · confidence high
See Center Cadillac, Inc. v. Bank Leumi Trust Co. of New York, 808 F.Supp. 213, 228 (S.D.N.Y.1992) (“Mailings themselves need not contain misrepresentations, nor must they contribute directly to the deception of the plaintiffs,” as long as they are “part of the execution of the [underlying fraudulent] scheme.”), aff'd, 99 F.3d 401 , 1995 WL 736336 (2d Cir.1995). 4.
discussed Cited "see" Mathon v. Feldstein
E.D.N.Y · 2004 · signal: see · confidence high
See Center Cadillac, Inc. v. Bank Leumi Trust Co., 859 F.Supp. 97, 105 (S.D.N.Y.1994), aff'd, 99 F.3d 401 (2d Cir.1995) (“the use of economic fear as leverage to drive a hard bargain in an ordinary commercial relationship will not support a RICO claim based on extortion.”).
discussed Cited "see, e.g." Roselink Investors, L.L.C. v. Shenkman
S.D.N.Y. · 2004 · signal: see also · confidence low
Applying New York Law New York law does not recognize “a creditor’s remedy for money damages against parties who, like defendants here, were neither transferees of the assets nor beneficiaries of the conveyance.” F.D.I.C. v. Porco, 75 N.Y.2d 840, 842 , 552 N.Y.S.2d 910, 910 , 552 N.E.2d 158 (1990); see also Gallant v. Kanterman, 198 A.D.2d 76, 80 , 603 N.Y.S.2d 315, 318 (1st Dep’t 1993) (affirming dismissal of action for fraudulent conveyance where defendants were neither transferees or beneficiaries).. *227 This is because “[t]he creditor’s remedy in a fraudulent conveyance action…
discussed Cited "see, e.g." Toms v. Pizzo
W.D.N.Y. · 1998 · signal: see also · confidence low
See O’Malley v. New York City Transit Authority, 896 F.2d 704 , 708 (2d Cir.1990); see also Center Cadillac Inc. v. Bank Leumi Trust Co., 859 F.Supp. 97, 105 (S.D.N.Y.1994), aff'd, 99 F.3d 401 (2d Cir.1996).
discussed Cited "see, e.g." United States v. Albertson
D. Del. · 1997 · signal: see also · confidence low
See also Center Cadillac, Inc. v. Bank Leumi Trust Co. of New York, 808 F.Supp. 213, 232 (S.D.N.Y.1992) (“Where the victim of the alleged extortion relinquishes property to the defendant out of fear of economic loss but receives in exchange something which is of no value to the victim, the defendant has no lawful claim to the property received.”), aff'd mem., 99 F.3d 401 (2d Cir.1995).
Retrieving the full opinion text from the archive…
Thomas Edward Frost
v.
Erie County Medical Center and Roger Seibel, M.D.
95-7338.
Court of Appeals for the Second Circuit.
Dec 13, 1995.
99 F.3d 401
Unpublished

99 F.3d 401

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
Thomas Edward FROST, Plaintiff-Appellant,
v.
ERIE COUNTY MEDICAL CENTER and Roger Seibel, M.D.,
Defendants-Appellees.

No. 95-7338.

United States Court of Appeals, Second Circuit.

Dec. 13, 1995.

APPEARING FOR APPELLANT: Thomas E. Frost, pro se, Alden, N.Y.

APPEARING FOR APPELLEES: Charles L. Sawyer, Asst. County Atty., Erie County, Dept. of Law, Buffalo, N.Y.

W.D.N.Y.

AFFIRMED.

Present: NEWMAN, Chief Judge. OAKES, and CABRANES, Circuit Judges.

1

This cause came on to be heard on the transcript of record from the United States District Court for the Western District of New York and was taken on submission.

2

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.

3

Thomas Frost appeals pro se from the March 16, 1995, judgment dismissing his complaint against a doctor at the Erie County Medical Center where Frost was treated for a broken arm after his arrest in 1989. A complaint against the Medical Center was never served.

4

Frost's only complaint against the doctor is that he did not perform surgery on Frost's arm after telling him that surgery was an option. The doctor avers that he did not indicate that surgery was to be performed, but even if some statement along these lines was made, there is no allegation in the complaint, and no evidence submitted in opposition to the motion for summary judgment, to indicate that the treatment Frost received was so deficient as to amount to a denial of the constitutional rights of a pretrial detainee. See Bryant v. Maffucci, 923 F.2d 979 (2d Cir.), cert. denied, 502 U.S. 849 (1991). It is undisputed that attending medical personnel placed Frost's arm in a cast, monitored his progress, and ultimately removed the cast after the fracture had healed.

5

The complaint was properly dismissed.