Bikowicz v. Nedco Pharmacy, Inc., 100 A.D.2d 702 (N.Y. App. Div. 1984). · Go Syfert
Bikowicz v. Nedco Pharmacy, Inc., 100 A.D.2d 702 (N.Y. App. Div. 1984). Cases Citing This Book View Copy Cite
34 citation events (3 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Schnarch v. Owen
N.Y. App. Div. · 1986 · confidence medium
That plaintiff has pursued his career as a printer does not require a rejection of his claim (see, Mooney v Ovitt, supra, p 703).
discussed Cited "see" Marsh v. Arnot Ogden Medical Center
N.Y. App. Div. · 2012 · signal: see · confidence high
Ctr., 133 AD2d 1000, 1000 [1987] [citation omitted]), or a “wanton and reckless disregard of [a] plaintiffs rights” (Lewis v DiDonna, 294 AD2d 799, 800 [2002]; see Bikowicz v Nedco Pharmacy, 100 AD2d 702 [1984]).
discussed Cited "see" Fordham-Coleman v. National Fuel Gas Distribution Corp.
N.Y. App. Div. · 2007 · signal: see · confidence high
Here, dismissal of plaintiffs claim for punitive damages is premature, and the issue whether the actions of National Fuel “warrant the imposition of punitive damages should be determined at trial” (Laks, 101 AD2d at 1001 ; see generally Bikowicz v Nedco Pharmacy, 100 AD2d 702 [1984]).
discussed Cited "see" Seitzman v. Hudson River Associates
N.Y. Sup. Ct. · 1989 · signal: accord · confidence high
The court explained further: "The complaint is deemed to demand punitive damages, which are recoverable only if the proof establishes there was 'such gross, wanton, or willful fraud or other morally culpable conduct to a degree sufficient to justify an award of punitive damages.’ ” (Supra, at 530, quoting Borkowski v Borkowski, 39 NY2d 982, 983 [1976] [emphasis added]; accord, Bikowicz v Nedco Pharmacy, 100 AD2d 702 [3d Dept 1984].) In the instant case, as in Bunker , the claim for punitive damages is improperly pleaded, as a separate cause of action, incorporating the prior causes of acti…
discussed Cited "see" Caruso v. Hall
N.Y. App. Div. · 1984 · signal: see · confidence high
II Although the question of whether a plaintiff has suffered a serious injury is usually a question of fact for the jury, it is for the court, in the first instance, “to determine whether the plaintiff has established a prima facie case of sustaining serious injury” (Licari v Elliott, 57 NY2d 230, 237 ; see Mooney v Ovitt, 100 AD2d 702 ).
discussed Cited "see, e.g." Cruz v. Calabiza
N.Y. App. Div. · 1996 · signal: compare · confidence low
The IAS Court correctly held that the affidavits submitted by plaintiff and her treating physicians, which make only general references to the alleged pain plaintiff continues to suffer and the alleged permanency of her condition, and which fail to specify either the nature of the limitations on the use of any body functions or organs or to state with particularity how the alleged pain affects plaintiff’s routine daily activities, were insufficient to overcome defendants’ prima facie showing that plaintiff’s injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, …
discussed Cited "see, e.g." Sheinwald v. Doldo
N.Y. App. Div. · 1988 · signal: see also · confidence low
Her treating physician testified that her back never returned to normal, her movements were restricted and she suffered pain up to the time she became ill with the complaint from which she died (see, Lopez v Senatore, 65 NY2d 1017 , 1020; see also, Mooney v Ovitt, 100 AD2d 702 ; cf., De Filippo v White, 101 AD2d 801, 802 ; Hezekiah v Williams, 81 AD2d 261, 266 ).
discussed Cited "see, e.g." Gleissner v. LoPresti
N.Y. App. Div. · 1987 · signal: see also · confidence low
The orthopedist concluded that she could perform certain ordinary functions only with pain (see, Lopez v Senatore, 65 NY2d 1017 , 1020; see also, Mooney v Ovitt, 100 AD2d 702 ; cf., De Filippo v White, 101 AD2d 801, 802 ; Hezekiah v Williams, 81 AD2d 261, 266 ).
Retrieving the full opinion text from the archive…
Marilyn Bikowicz
v.
Nedco Pharmacy, Inc., and Sterling Drug, Inc.
Appellate Division of the Supreme Court of the State of New York.
Mar 29, 1984.
100 A.D.2d 702
Cited by 5 opinions  |  Published

Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered June 22,1983 in Schenectady County, which granted plaintiffs’ motion compelling compliance with a notice of discovery and inspection and denied a cross motion by defendants Sterling Drug, Inc. and Winthrop Laboratories, Inc. for partial summary judgment. HThe underlying action is for damages for medical malpractice, negligence in the filling of certain prescriptions by pharmacists, and for negligence, breach of a duty to warn and strict liability in the manufacture and marketing of the drug Tal win by defendants Sterling Drug, Inc. and Winthrop Laboratories, Inc. The issues to be resolved on this appeal are narrow and limited. First, we must review whether the order directing discovery and inspection directed at the corporate defendants was overbroad, and second, whether the cause of action for punitive damages against those defendants should be dismissed. H We are in agreement, generally, with Special Term’s conclusion that the items demanded by plaintiffs are specific in nature and particularized sufficiently following the examinations before trial of representatives of the corporate defendants. Since, in our view, those items are material to the issues pleaded, they are discoverable {Allen v CrowellCollier Pub. Co., 21 NY2d 403; Matter of American Tel. & Tel. Co. v Salesian Soc., 85 AD2d 816; Goldberg v Blue Cross, 81 AD2d 995,996; Ciembroniewicz v Madigan Mem. Hosp., 72 AD2d 653, 654). Accordingly, such items as brochures relating to the drug in question, letters of general information to the medical profession, advertisements, instructions to sales personnel, reports of investigations, research and testing, together with related documents, should be produced within the terms set forth in the order appealed from. However, we view as irrelevant the demand for the total number of oral or injectionable doses of the drug sold, both nationally and internationally (Vancek v International Dynetics Corp., 78 AD2d 842), and find the request for copies of new drug applications, including supplemental applications, to be overbroad {Ciembroniewicz v Madigan Mem. Hosp., supra). 1 As to the claim for punitive damages, we are of the view that the evidence presented to date does not support a claim for punitive damages, since it does not present a picture of the required wanton and reckless disregard of plaintiffs’ rights or morally culpable conduct {Bunker v Bunker, 73 AD2d 530; Le Mistral, Inc. v Columbia Broadcasting System, 61 AD2d 491, app dsmd 46 NY2d 940). However, since punitive damages may be allowed in cases such as this where there is a showing of high moral culpability {Roginsky v Richardson-Merrell, Inc., 378 F2d 832,843), and material and relevant evidence discoverable is not yet before the court, it would be premature to dismiss the claim for punitive damages at this time. Special Term thus correctly denied the cross motion for partial summary judgment. f Order modified, on the law, by reversing so much thereof as required discovery of items Nos. 10 and 15, and, as so modified, affirmed, without costs. Kane, J. P., Main, Yesawich, Jr., and Harvey, JJ., concur.