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Ostrov v. Rozbruch, 116707/06
Publication Date: 2012-01-05
Practice Area: Civil Practice
Industry:
Court: Appellate Division, First Department
Judge: Before: Richard T. Andrias, J.P., John W. Sweeny, Jr., Karla Moskowitz, Rosalyn H. Richter, Nelson R. Roman, JJ.
Attorneys:
For plaintiff: For Appellant: Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner and Daryl Paxson of counsel).
For defendant: For Respondent: Kramer, Dillof, Livingston & Moore, New York (Matthew Gaier of counsel). *1
Case number: 116707/06

Cite as: Ostrov v. Rozbruch, 116707/06, NYLJ 1202537312721, at *1 (App. Div., 1st, Decided January 3, 2012)Before: Richard T. Andrias, J.P., John W. Sween

March 29, 2004 |

Justices Don't Take Kindly to Recent Scrutiny

For two days earlier this month, it appeared that several U.S. Supreme Court justices were at war with the world outside their marble palace &#151 or at least with the news media and Congress. The events were a reminder that the Supreme Court still thinks of itself as different � above the fray and even beyond question.
12 minute read
August 29, 2011 |

Doctor's E-Mail Is Fair Game in Lawsuit, Judge Finds

A Manhattan hospital facing a medical malpractice action cannot withhold an e-mail sent by a surgeon to another doctor criticizing the post-operative care that allegedly contributed to the death of an elderly woman, a New York judge has ruled. The hospital had refused to turn over the e-mail and requested a protective order.
4 minute read
January 04, 2012 |

Panel Faults Review of New Issues on Summary Motion

A Manhattan judge should not have allowed parties to a medical malpractice case to submit new evidence at the summary judgment stage, a unanimous appeals panel ruled yesterday, holding that such additional submissions are allowed only in very limited circumstances.
5 minute read
March 29, 2004 |

Justices Struggle to Stay Above the Fray

For two days earlier this month, it appeared that several Supreme Court justices were at war with the world outside their marble palace. The events were a reminder that the Supreme Court still thinks of itself as different -- above the fray and even beyond question. Plus: The first in a regular series of items on life and cases at the Supreme Court, drawn from the Blackmun papers at the Library of Congress.
12 minute read
March 02, 2012 |

Bill to Ban Defense Ex Parte Interviews in MedMal Cases Passed by State Senate Judiciary Committee

The measure, according to Senator John Bonacic, would undo the 2007 ruling in 'Arons v. Jutkowitz' where the Court of Appeals ruled that the defense could seek interviews with the treating physicians of plaintiffs who have adversely put their medical conditions into issue.
6 minute read
Andre Dasent, etc., v. William S. Schechter, M.D.
Publication Date: 2012-05-24
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: CLERKTom, J.P., Sweeny, Renwick, Freedman, Abdus-Salaam, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 20854/05

Law Offices of Joseph M. Lichtenstein, P.C., Mineola (Joseph M. Lichtenstein of counsel), for appellant.Heidell, Pittoni, Murphy & Bach, LLP, White Plains (Daniel S. Ratner of counsel),

Paula N. Frye, etc., v. Montefiore Medical Center
Publication Date: 2012-09-20
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Tom, J.P., Sweeny, Renwick, Freedman, Abdul-Salaam, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 49939/02

Meagher & Meagher, P.C., White Plains (Christopher B. Meagher of counsel), for appellant.Heidell Pittoni Murphy & Bach LLP, New York (Daniel S. Ratner of counsel), for Montefio

December 14, 2007 |

$14 million med-mal verdict tossed due to judge's actions

A New York state appeals court has thrown out a $14 million medical malpractice verdict, holding that a Brooklyn Supreme Court judge's inappropriate conduct, including presenting the brain-damaged 4-year-old plaintiff with a box of candy in front of the jury, denied the defense a fair trial."By virtue of the cumulative effect of the improper conduct of the trial court .
3 minute read

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