Fiederlein v. New York City Health & Hospitals Corp., 435 N.E.2d 398 (NY 1982). · Go Syfert
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Fiederlein v. New York City Health & Hospitals Corp., 435 N.E.2d 398 (NY 1982). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2011 · …mere conjecture, surmise or speculation is not enough to sustain a claim for damages. ✓
34 citation events (15 in the last 25 years) across 8 distinct courts.
Strongest positive: Wallace v. Suffolk County Police Department (nyed, 2011-08-15)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (quoted) Wallace v. Suffolk County Police Department (2×)
E.D.N.Y · 2011 · quote attribution · 2 verbatim quotes · confidence low
mere conjecture, surmise or speculation is not enough to sustain a claim for damages.
discussed Cited as authority (rule) Hailan Cui v. State of New York
nyclaimsct · 2025 · confidence medium
Corp. , 56 NY2d 573, 574-575 [1982] [where the decedent's body was recovered from the Hudson River almost two months after being released on a pass from a psychiatric ward, "[t]he evidence was insufficient to form the basis for a jury award of damages for conscious pain and suffering.
cited Cited as authority (rule) Pemberton v. City of New York
S.D.N.Y. · 2020 · confidence medium
Corp., 435 N.E.2d 398, 399 (N.Y. 1982)).
cited Cited as authority (rule) Curry v. Hudson Valley Hospital Center
N.Y. App. Div. · 2013 · confidence medium
Corp., 56 NY2d 573, 574 [1982]; see Cummins v County of Onondaga, 84 NY2d 322, 325 [1994]; Zurita v McGinnis, 7 AD3d at 619 ).
cited Cited as authority (rule) Curry v. Hudson Valley Hospital Center
N.Y. App. Div. · 2013 · confidence medium
Corp., 56 NY2d 573, 574 [1982]; see Cummins v County of Onondaga, 84 NY2d 322, 325 [1994]; Zurita v McGinnis, 7 AD3d at 619 ).
cited Cited as authority (rule) Phelan v. State
nyclaimsct · 2005 · confidence medium
Corp., 56 NY2d 573, 574 [1982]).
cited Cited as authority (rule) Zurita v. McGinnis
N.Y. App. Div. · 2004 · confidence medium
Corp., 56 NY2d 573, 574-575 [1982]; Cohen v Hallmark Cards, supra at 499; Rivera v Eastern Paramedics, 267 AD2d 1029 [1999]).
cited Cited as authority (rule) Maracallo v. Board of Education
N.Y. Sup. Ct. · 2003 · confidence medium
Corp., 56 NY2d 573, 574 [1982]; Walker v New York City Tr.
cited Cited as authority (rule) Maracallo v. Board of Educ. of the City of New York
N.Y. Sup. Ct. · 2003 · confidence medium
Corp. , 56 NY2d 573, 574 [1982]; Walker v New York City Tr.
cited Cited as authority (rule) Cummins v. County of Onondaga
NY · 1994 · confidence medium
Corp., supra, at 574).
Retrieving the full opinion text from the archive…
Constantina Fiederlein, Individually and as Administratrix of the Estate of William Fiederlein
v.
New York City Health and Hospitals Corporation
New York Court of Appeals.
Mar 30, 1982.
435 N.E.2d 398
APPEARANCES OF COUNSEL, Robert G. Harley for appellant., Frederick A. O. Schwarz, Jr., Corporation Counsel (Bernard Abel of counsel), for respondent.
Cited by 27 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: E.D. New York (2)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The evidence was insufficient to form the basis for a jury award of damages for conscious pain and suffering. Mere conjecture, surmise or speculation is not enough to sustain a claim for damages. There was no direct proof of the cause of the decedent’s death and, more importantly, there was no proof of conscious pain and suffering in connection with[*575] that death. Moreover, we find the record to be insufficient to support a finding that decedent experienced increased pain while at the hospital as a proximate result of the treatment which he received.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.