The order of the Appellate Division, insofar as it pertains to Abraham Cohen, Eric Kane, and Leon Finkelstein, and Cohen, Kane & Finkelstein, should be affirmed, with costs. It was not an abuse of discretion as a matter of law to dismiss the complaint. Plaintiff failed to submit an affidavit of merit in opposition to […]
In this case, we consider the distinction between “ordinary” and “professional” negligence and conclude that with respect to questions of substantive law they comprise essentially one form of action. Apart from statutory considerations, characterizing misfeasance as one type of negligence or the other generally only serves to define the standard of care applicable to the […]
Bernie Keszler, M.D., appeals an adverse summary judgment in favor of Memorial Medical Center of East Texas. Keszler raises multiple issues including: waiver or estoppel to assert hospital committee privilege; “defective record and unproven privilege;” and, a complaint on statutory immunity. The core issue we address is the proper use of the no-evidence summary judgment […]
APPEAL FROM THE DISTRICT COURT OF DOA ANA COUNTY Robert E. Robles, District Judge
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution (1980), and the Court having determined that it should decline to accept jurisdiction, it is ordered that the Petition for Review is denied. No Motion for […]
O’NEILL, J. The question presented by this appeal is whether the decision of the Board of Tax Appeals is lawful and reasonable.
In a medical malpractice action to recover damages for personal injuries, defendants Cohen, Kane and Finkelstein appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated April 15, 1983, as denied their motion for summary judgment dismissing the complaint as to them based on […]