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6 New York opinions name it 4 courts 1957–1995 0 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.
| Case | Followed | Cited |
|---|---|---|
Winston v. Leegreen1 sentence1989While Dr. Fortune categorized the surgery as "minor”, "[t]he question whether the surgery is to be characterized in medical terms as 'major’ or 'minor’ is not controlling.” (Winston v Lee, supra, at 764, n 8.) Nor can the proposed procedure be likened to the removal of a .32 caliber slug which lay "superficially beneath the skin” and "was extracted by gentle squeezing after an incision an inch long had been made” as in the case of United States v Crowder (543 F2d 312, 314, 316 [1976]) on which the People also rely. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bell v. New York City Health & Hospital Corp.
green
1 sentence1995Corp., 90 AD2d 270 ; Bullock v Parkchester Gen. | 1 | 1995–1995 |
Bennin v. Ramapo General Hospital
neutral
1 sentence1984Hosp., 72 AD2d 736 ). | 1 | 1984–1984 |
Goldfarb v. Cranin
neutral
1 sentence1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ). | 1 | 1980–1980 |
Gates v. . Preston
green
1 sentence1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ). | 1 | 1980–1980 |
Blair v. . Bartlett
green
2 sentences1980In the Blair case ( 75 NY, at p 152 ) the Court of Appeals wrote: "It must be considered as settled in this State, that a judgment in favor of a physician and surgeon for his professional services, rendered by a court of competent jurisdiction, in an action in which the defendant appeared and answered, setting up a defense which he maintained at the trial, or in an action in which he appeared and signed and filed a written confession of judgment for the amount of the services, is a bar to an action for malpractice by that defendant against that physician and surgeon for malpractice in renderin 1980In support of his claim that the default judgment in the action for services rendered by the doctor is a bar to a later malpractice action based on the same services the defendant doctor relies principally upon the cases of Blair v Bartlett ( 75 NY 150 ), Gates v Preston ( 41 NY 113 ), and Goldfarb v Cranin ( 35 Misc 2d 126 ). | 1 | 1980–1980 |
Matter of Will of John Kellum
green
1 sentence1968(Matter of Kellum, 52 N. Y. 517 ; People v. Mavis, 5 Misc 2d 943 .) A discrepancy in dates on the label of the blood sample in evidence is claimed to require reversal. | 1 | 1968–1968 |
People v. Mavis
green
1 sentence1968(Matter of Kellum, 52 N. Y. 517 ; People v. Mavis, 5 Misc 2d 943 .) A discrepancy in dates on the label of the blood sample in evidence is claimed to require reversal. | 1 | 1968–1968 |
St. George v. State
green
1 sentence1957George v. State of New York, 283 App. Div. 245 ) where it was said (p. 248): “ Are the doctors, or is the State which employs them, legally responsible in damages for an honest error of professional judgment made by qualified and competent persons? | 1 | 1957–1957 |
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.