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De Felice v. English

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1978
63 A.D.2d 976 (N.Y. App. Div. 1978)
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Summary

In De Felice, supra, this court stated: "We disapprove the holding in Pigno v. Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning of Special Term herein."

Summary of this case from Pigno v. Bunim
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Opinion

June 12, 1978

In a medical malpractice action, the third-party defendant appeals from an order of the Supreme Court, Kings County, dated November 15, 1977, which denied its motion for summary judgment dismissing the complaint of the third-party plaintiff. Order affirmed, with $50 costs and disbursements, upon the opinion of Mr. Justice Monteleone at Special Term. We disapprove of the holding in Pigno v Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning at Special Term herein. Damiani, J.P., Suozzi, Rabin and Hawkins, JJ., concur. [ 91 Misc.2d 1109.]

Summaries of

De Felice v. English

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1978
63 A.D.2d 976 (N.Y. App. Div. 1978)

In De Felice, supra, this court stated: "We disapprove the holding in Pigno v. Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning of Special Term herein."

Summary of this case from Pigno v. Bunim

In De Felice, supra, we disapproved the decision in this case only insofar as it held that Pennell was bound by the result of a prior trial held before he was made a party to the action (see Schwartz v. Public Administrator of County of Bronx, 24 N.Y.2d 65). This motion for summary reversal must be denied because the movant, Schmierer, was a party at the time of the prior trial and, therefore, our holding in De Felice does not apply to him.

Summary of this case from Pigno v. Bunim
Case details for

De Felice v. English

Case Details

Full title:JOHN DE FELICE, an Infant, by His Father ARTHUR DE FELICE, Plaintiff, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 12, 1978

Citations

63 A.D.2d 976 (N.Y. App. Div. 1978)

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