1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 12 N.Y.2d
  5. 12 N.Y.2d 100 (1962)
 

DERBY v. PREWITT

12 N.Y.2d 100 (1962)

Elizabeth H. Derby, Appellant, v. Pro V. Prewitt, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Paul S. Edelman and Harry E. Kreindler for appellant.

Richard E. Shandell, John J. O'Connor, Desmond T. Barry and Joseph J. Brophy for respondent.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Judges DYE and VAN VOORHIS concur.

FULD, J.

Upon this appeal from a dismissal of the complaint in an action against a physician for malpractice, we are called upon to decide whether a general release given by the plaintiff to the wrongdoer who caused her initial injuries also releases the physician who negligently treated those injuries.

Struck by a taxicab in April of 1958, the plaintiff suffered a fracture of the femur. She was taken...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases