Darrisaw v. Strong Mem'l Hosp., 942 N.E.2d 305 (N.Y. 2011). · Go Syfert
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Darrisaw v. Strong Mem'l Hosp., 942 N.E.2d 305 (N.Y. 2011). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 1 distinct court.
Strongest positive: Giacometti v. Farrell (nyappdiv, 2015-11-20)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Giacometti v. Farrell
N.Y. App. Div. · 2015 · confidence medium
Hosp., 16 NY3d 729, 731 [2011]).
cited Cited as authority (rule) Giacometti v. Farrell
N.Y. App. Div. · 2015 · confidence medium
Hosp., 16 NY3d 729, 731 [2011]).
Retrieving the full opinion text from the archive…
Erica Y. Darrisaw, as Administratrix of the Estate of Dolores N. Schuyler
v.
Strong Memorial Hospital, a Division of University of Rochester
New York Court of Appeals.
Jan 11, 2011.
942 N.E.2d 305
APPEARANCES OF COUNSEL, Hite & Beaumont, P.C., Albany (John H. Beaumont of counsel), for appellant., Osborn, Reed & Burke, LLP, Rochester (Christian C. Casini of counsel), for respondents.
Cited by 16 opinions  |  Published

[*731] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs. We conclude defendants demonstrated their entitlement to summary judgment on the negligence cause of action. In opposition, plaintiff failed to adduce sufficient evidence to raise a triable issue of fact on the allegations that Nurse Baldwin grabbed decedent’s arm or caused her to fall to the ground.

Additionally, we agree with the Appellate Division majority that plaintiffs negligent supervision claim is not before the court because neither the cause of action nor its underlying facts were raised in the complaint.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.