Golia v. Health Ins. Plan of Greater New York
| Decision Date | 22 January 1960 |
| Citation | 165 N.E.2d 578,197 N.Y.S.2d 735,7 N.Y.2d 931 |
| Parties | , 165 N.E.2d 578 Andrew GOLIA, Appellant, Edward Golia, an infant, by Mary Golia, his Guardian ad Litem and Mary Golia, individually, Plaintiffs, v. HEALTH INSURANCE PLAN OF GREATER NEW YORK, Defendant, Astoria Medical Group et al., etc., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 884, 177 N.Y.S.2d 550.
Patient, patient's wife, and patient's infant son brought action against medical partnership, physicians, who were members of the partnership, and another, for alleged malpractice, for negligence in treatment of the patient for tuberculosis, for breach of contract, for alleged fraud, and for injuries allegedly sustained by the infant son, who allegedly became infected with tuberculosis because of alleged negligence, and by the patient's wife for loss of the services of the infant son.
The Supreme Court, Special Session, Queens County, Daly, J., 7 Misc.2d 919, 166 N.Y.S.2d 889, held that certain of the causes of action were barred by limitations and that other causes were not so barred, and appeals were taken.
The Appellate Division, 6 A.D.2d 884, 177 N.Y.S.2d 550, modified and affirmed the order and held that though partnership might be sued in partnership name, partnership was not a separate entity, which might be held liable for negligence on theory that it permitted patients to be treated by unskilled or incompetent agents or employees, where actions complained of against partnership were those of its individual members acting in their professional capacity in treatment of patients, and that such action was barred by limitations.
The patient appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on one copy of the record before the Appellate Division together with seven copies of legible typewritten additional papers and legible typewritten briefs.
The Court of Appeals, 6 N.Y.2d 743, 186 N.Y.S.2d 271, granted motion to have appeal heard on one copy of the record before the Appellate Division together with seven copies of legible typewritten additional papers and legible typewritten briefs.
The patient contended in the Court of Appeals that a cause of action for negligence or malpractice accrues as of date of injury and not when wrongful act is committed, and that since patient was not damaged until some time after the allegedly wrongful acts, the action was not...
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Hall v. EI Du Pont De Nemours & Co., Inc.
...CPLR 214; Golia v. Health Ins. Plan of Greater New York, 6 A.D.2d 884, 177 N.Y.S.2d 550 (2d Dep't 1958), aff'd, 7 N.Y.2d 931, 197 N.Y.S.2d 735, 165 N.E. 2d 578 (1960). For purposes of determining the applicable statute of limitations, a parent's action for a child's medical expenses is cons......
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Manno v. Levi
...Conklin v Draper, 229 App.Div. 227, 230 , affd. 254 N.Y. 620 supra; Ranalli v Breed, 277 N.Y. 630 ; Golia v Health Ins. Plan of Greater N.Y., 7 NY2d 931 [197 N.Y.S.2d 735, 165 N.E.2d 578].) Whether uncritical acceptance of a fading theory of the basis of malpractice liability has led us ast......
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Calcutti v. Sbu, Inc.
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