Appellate

Court of Appeals Expands Hospital's Duty of Care

Court of Appeals Expands Hospital’s Duty of Care

Senior Trial Partner Jeffrey A. Shor assisted by Appellate Associate Iryna S. Krauchanka, obtained a dismissal of claims initiated against a mental health provider as a result of an unanticipated patient suicide.

Senior Trial Partner Peter T. Crean recently won an appeal in the Appellate Division, First Department dismissing the plaintiff’s legal malpractice action.

The Court of Appeals, New York’s highest court, recently issued a unanimous reversal in defendants’ favor, in an appeal briefed and argued by Ellen B. Fishman. The plaintiff sued eight years after undergoing cardiac surgery

Senior Partner Bruce G. Habian was retained by a hospital client wherein the hospital’s prior law firm received the decision striking the hospital’s Answer for inability to produce crucial fetal heart rate tracings.

Senior Partner Peter T. Crean and Appellate partner Barbara D. Goldberg were successful in arguing on appeal that a verdict awarding damages for vocal cord paralysis following an aortic aneurysm repair should be set aside and the action dismissed.

Partners Joseph L. DeMarzo and Stewart G. Milch recently won an important victory in the Appellate Division, First Department in a long term care facility wrongful death case. MCB represented a facility where plaintiff’s mother had been a resident.

Governor Cuomo has signed into law an amendment to CPLR 3113(c), which will permit attorneys for non-party witnesses to participate in their clients’ depositions and make objections in the same manner as counsel for a party.

Barbara D. Goldberg, Partner and Head of the Firm's Appellate Department and Appellate Partner Stewart G. Milch participated as speakers at a New York State Bar Association CLE on post-verdict motions.