defendants were entitled immunity (New York) · Go Syfert
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defendants were entitled immunity in New York

7 New York opinions name it 5 courts 2024–2025 7 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 (1)

CaseFollowedCited
Mera v. New York City Health & Hosps. Corp.green
nyappdiv · 2023 · cited in 7 New York opinions naming this issue, 2024–2025
2 sentences

2025Dismissal is warranted if “the affidavits establish conclusively that plaintiff has no cause of action” (Crampton v Garnet Health, 73 Misc 3d 543 , 553 [Orange Co SC 2021]). “[T]he factual predicate for invoking this broad immunity is minimal” (id. at 558; see also Mera 220 AD3d at 670 [“The affirmations of the attending physician who treated the decedent at the hospital, submitted by the defendants in support of the motion, established that the defendants were entitled to immunity under the EDTPA”]).

2025Corp. , 220 AD3d 668, 670 [2d Dept 2023] (stating that "the plaintiff alleged that the decedent was diagnosed with COVID-19 after arriving at the defendant Elmhurst Hospital Center (hereinafter the hospital) on March 27, 2020, that she was treated for COVID-19 while admitted in the hospital, and that she died from COVID-19 on April 5, 2020" and finding that "[t]he affirmation of the attending physician who treated the decedent at the hospital, submitted by the defendants in support of the motion, established that the defendants were entitled to immunity under the EDTPA"); Cf .

37

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 (1)

CaseCitedYears
Ruth v. Elderwood At Amherst green
nyappdiv · 2022
2 sentences

2024Corp. , 220 AD3d 668 ; Ruth v Elderwood at Amherst , 209 AD3d at 1291 ).

2024Corp. , 220 AD3d 668 [2023]; Ruth v Elderwood at Amherst , 209 AD3d at 1291 ).

42024–2024

Where else courts name it

TX 7 (1956–2010) NY 7 (2024–2025) MI 4 (1998–2017) NH 3 (2005–2015) CT 3 (2007–2016) IL 3 (2003–2007) MS 2 (2002–2004) OR 2 (2005–2005) NJ 2 (2018–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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