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MILANO BY MILANO v. FREED

No. CV-90-4298 (ADS).

767 F.Supp. 450 (1991)

Michael Christopher MILANO, an infant, by his parents and natural guardians, Christopher MILANO and Jeanne Milano, and Christopher Milano and Jeanne Milano, individually, Plaintiffs, v. Jay A. FREED, Marvin A. Lieber, Arnold W. Scherz, Mitchell Kleinberg and Stephanie Citerman, individually and doing business as Freed, Lieber, Scherz, Kleinberg and Citerman, a partnership, Richard Silvergleid, Manhasset Diagnostic Imaging, P.C. and Alan D. Rosenthal, Defendants.

United States District Court, E.D. New York.

June 19, 1991.

Attorney(s) appearing for the Case

Kramer & Kramer, New York City by Edward C. Kramer, for plaintiffs.

Rossano, Mose, Hirschhorn & Corleto, P.C., Garden City, N.Y. by Gregory J. Volpe, for defendants Richard Silvergleid and Manhasset Diagnostic Imaging, P.C.

Bower & Gardner, New York City by Henry Z. Schaub, for defendant Alan D. Rosenthal.

Heidell, Pittoni, Murphy & Bach, P.C., New York City by Bruce F. Gilpatrick, for defendants Jay A. Freed, Marvin A. Lieber, Arnold W. Scherz, Mitchell Kleinberg, Stephanie Citerman and Freed, Lieber, Scherz, Kleinberg & Citerman.

MEMORANDUM AND ORDER

SPATT, District Judge.

This medical malpractice action, filed in the United States District Court on the basis of diversity of citizenship, raises the issue of whether the plaintiff is bound by a New York State law, enacted in 1976 in response to the perceived crisis in the insurance industry, which precludes pleading a specific monetary amount of damages in a complaint in a medical malpractice action.

I. BACKGROUND

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