In re Lisa M., 222 A.D.2d 1088 (N.Y. App. Div. 1995). · Go Syfert
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In re Lisa M., 222 A.D.2d 1088 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
18 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: Whelan v. Mount St. Mary's Hosp. of Niagara Falls (nyappdiv, 2020-03-20)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Whelan v. Mount St. Mary's Hosp. of Niagara Falls
N.Y. App. Div. · 2020 · confidence medium
We also agree with plaintiffs that any such questions would not relate solely to the negligence of another defendant physician ( see Clack v Sayegh , 148 AD3d 1664, 1665 [4th Dept 2017]; Carvalho v New Rochelle Hosp ., 53 AD2d 635, 635 [2d Dept 1976]) and are relevant to plaintiffs' contention that defendants' negligent diagnosis and failure to adequately treat and care for plaintiff was the proximate cause of plaintiff's injuries ( see Forgays v Merola , 222 AD2d 1088, 1088 [4th Dept 1995]; cf. Dare v Byram , 284 AD2d 990, 991 [4th Dept 2001]).
cited Cited as authority (rule) Clack v. Sayegh
N.Y. App. Div. · 2017 · confidence medium
Dare v Byram, 284 AD2d 990, 991 [2001]; Bryant v Bui, 265 AD2d 848, 849 [1999]; Forgays v Merola, 222 AD2d 1088, 1088 [1995]).
cited Cited as authority (rule) Clack v. Sayegh
N.Y. App. Div. · 2017 · confidence medium
Dare v Byram, 284 AD2d 990, 991 [2001]; Bryant v Bui, 265 AD2d 848, 849 [1999]; Forgays v Merola, 222 AD2d 1088, 1088 [1995]).
discussed Cited as authority (rule) Lieblich v. Saint Peter's Hospital of Albany
N.Y. App. Div. · 2013 · confidence medium
Here, inasmuch as Roccario unequivocally testified that the administration of Versed would have required an order from him, it is clear that the questions posed to him in this regard related directly to his care and treatment of decedent and, as such, were appropriate (see Dare v Byram, 284 AD2d 990, 991 [2001]; McGuire v Zarlengo, 250 AD2d 823, 824 [1998]; Forgays v Merola, 222 AD2d 1088, 1088 [1995]; see also Orner v Mount Sinai Hosp., 305 AD2d 307, 309 [2003]).
discussed Cited as authority (rule) Lieblich v. Saint Peter's Hospital of Albany
N.Y. App. Div. · 2013 · confidence medium
Here, inasmuch as Roccario unequivocally testified that the administration of Versed would have required an order from him, it is clear that the questions posed to him in this regard related directly to his care and treatment of decedent and, as such, were appropriate (see Dare v Byram, 284 AD2d 990, 991 [2001]; McGuire v Zarlengo, 250 AD2d 823, 824 [1998]; Forgays v Merola, 222 AD2d 1088, 1088 [1995]; see also Orner v Mount Sinai Hosp., 305 AD2d 307, 309 [2003]).
Retrieving the full opinion text from the archive…
In the Matter of Lisa M. and Another, Children Alleged to be Abused and/or Neglected. Onondaga County Department of Social Services, Appellant Sheila M.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1995.
222 A.D.2d 1088
1995 N.Y. App. Div. LEXIS 14168
Cited by 2 opinions  |  Published

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Onondaga County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in granting respondents’ motion to dismiss the petition in this child protective proceeding at the close of petitioner’s direct case based upon a finding that petitioner had failed to establish a prima facie case. Viewing the evidence at that point in the trial in the light most favorable to petitioner (see, Parvi v City of Kingston, 41 NY2d 553, 554; Nicholas v Reason, 84 AD2d 915), we conclude that petitioner established a prima facie case of child abuse and neglect (see, Family Ct Act § 1046[*1089] [aj [ii]; Matter of Shawniece E., 110 AD2d 900). Because the court terminated this proceeding at the close of petitioner’s case, a new hearing is required (see, Matter of Shawniece E., supra). (Appeal from Order of Onondaga County Family Court, Bersani, J. — Child Abuse and Neglect.) Present— Green, J. P., Pine, Fallon, Callahan and Doerr, JJ.