deviation from the requisite standard (New York) · Go Syfert
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deviation from the requisite standard in New York

12 New York opinions name it 2 courts 1992–2025 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Berger v. Beckergreen
nyappdiv · 2000 · cited in 3 New York opinions naming this issue, 2002–2005
2 sentences

2005To sustain this burden, a plaintiff must present expert testimony that the defendants’ conduct constituted a deviation from the requisite standard of care (see Pace v Jakus, supra; Berger v Becker, supra).

2002To sustain this burden, the plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see Berger v Becker, supra; Perrone v Grover, supra).

13
Roseingrave v. Massapequa General Hospitalgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011Hosp., 298 AD2d 377, 379 [2002]).

11
Salzman v. Rosellgreen
nyappdiv · 1987 · cited in 1 New York opinions naming this issue, 1992–1992
2 sentences

1992Although the plaintiff’s expert, Dr. Eisenberg, testified that in his opinion the angle of trephination was such that it caused entrance into the mandibular canal and severed some nerve fibers of the interior alveolar, he did not expressly state that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Salzman v Alan S. Rosell, D.D.S., P. C., 129 AD2d 833, 835 ).

1992Proof that the defendant’s conduct constitutes a deviation from the requisite standard of care could only be adduced by expert opinion testimony (Salzman v Alan S. Rosell, D.D.S., P. C., supra; Guillari v Gormley, 142 AD2d 927 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Lasek v. Nachtigall green
nyappdiv · 1993
2 sentences

2000To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D’ Amico, supra).

2000To sustain this burden, a plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D' Amico, supra).

41995–2000
Perrone v. Grover green
nyappdiv · 2000
2 sentences

2025To meet its burden, plaintiff must "present expert opinion testimony that the defendant's conduct constituted a deviation from the requisite standard of care." Id.

2025To meet its burden, plaintiff must "present expert opinion testimony that the defendant's conduct constituted a deviation from the requisite standard of care." Id.

32002–2025
Gibson v. D'Amico green
nyappdiv · 1983
2 sentences

2000To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D’ Amico, supra).

2000To sustain this burden, a plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D' Amico, supra).

22000–2000
Kalkan v. Nyack Hospital green
nyappdiv · 1995
2 sentences

2000Accordingly, he was necessarily unable to make out a prima facie case, and the complaint was properly dismissed (see, Kalkan v Nyack Hosp., 214 AD2d 538 ).

1996Since the plaintiff was unable to present expert opinion testimony to prove that the defendants’ conduct constituted a deviation from the requisite standard of care, she was unable to make out a prima facie case and the respective motions to dismiss the complaint were properly granted (see, Mankowski v Two Park Co., 225 AD2d 673 ; Kalkan v Nyack Hosp., 214 AD2d 538 ; Lasek v Nachtigall, 189 AD2d 749 ).

21996–2000
Kelly v. Lieber neutral
nyappdiv · 1999
2 sentences

2000Here, viewing the evidence in the light most favorable to the plaintiffs and affording them the benefit of every favorable inference (see, CPLR 4401; Ryan v Kassay, 267 AD2d 222 ; Kelly v Lieber, supra), we find that they failed to establish a prima facie case of malpractice.

2000Here, viewing the evidence in the light most favorable to the plaintiff and affording him the benefit of every favorable inference (see, CPLR 4401; Ryan v Kassay, 267 AD2d 222 ; Kelly v Lieber, supra), he failed to establish a prima facie case of malpractice.

22000–2000
Ryan v. Kassay neutral
nyappdiv · 1999
2 sentences

2000Here, viewing the evidence in the light most favorable to the plaintiffs and affording them the benefit of every favorable inference (see, CPLR 4401; Ryan v Kassay, 267 AD2d 222 ; Kelly v Lieber, supra), we find that they failed to establish a prima facie case of malpractice.

2000Here, viewing the evidence in the light most favorable to the plaintiff and affording him the benefit of every favorable inference (see, CPLR 4401; Ryan v Kassay, 267 AD2d 222 ; Kelly v Lieber, supra), he failed to establish a prima facie case of malpractice.

22000–2000
Republic Western Insurance v. RCR Builders, Inc. green
nyappdiv · 2000
2 sentences

2000To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D’ Amico, supra).

2000To sustain this burden, a plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D' Amico, supra).

22000–2000
Pace v. Jakus green
nyappdiv · 2002
1 sentence

2005To sustain this burden, a plaintiff must present expert testimony that the defendants’ conduct constituted a deviation from the requisite standard of care (see Pace v Jakus, supra; Berger v Becker, supra).

12005–2005
Porter v. Uniroyal Goodrich Tire Co. green
nyappdiv · 1996
1 sentence

2002To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Perrone v Grover, supra; Prete v Rafla-Demetrious, 224 AD2d 674 ).

12002–2002
Prestia v. Mathur green
nyappdiv · 2002
1 sentence

2002Viewing the evidence in the light most favorable to the plaintiff and affording him the benefit of every favorable inference (see CPLR 4401; Prestia v Mathur, supra), we agree with the trial court’s determination that the plaintiff did not establish a prima facie case against Drs.

12002–2002
Mankowski v. Two Park Co. green
nyappdiv · 1996
1 sentence

1996Since the plaintiff was unable to present expert opinion testimony to prove that the defendants’ conduct constituted a deviation from the requisite standard of care, she was unable to make out a prima facie case and the respective motions to dismiss the complaint were properly granted (see, Mankowski v Two Park Co., 225 AD2d 673 ; Kalkan v Nyack Hosp., 214 AD2d 538 ; Lasek v Nachtigall, 189 AD2d 749 ).

11996–1996
Sohn v. Sand green
nyappdiv · 1992
1 sentence

1993Moreover, the plaintiff could not have made out a prima facie case since "[pjroof that the defendant’s conduct constituted a deviation from the requisite standard of care could only be adduced by expert opinion testimony” (Sohn v Sand, 180 AD2d 789, 790 ).

11993–1993
People v. Berard neutral
nyappdiv · 1988
2 sentences

1992Proof that the defendant’s conduct constitutes a deviation from the requisite standard of care could only be adduced by expert opinion testimony (Salzman v Alan S. Rosell, D.D.S., P. C., supra; Guillari v Gormley, 142 AD2d 927 ).

1992Proof that the defendant’s conduct constitutes a deviation from the requisite standard of care could only be adduced by expert opinion testimony (Salzman v Alan S. Rosell, D.D.S., P. C., supra; Guillari v Gormley, 142 AD2d 927 ).

11992–1992

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