NEESEMANN v. MT. SINAI WEST

100271/18. Appeal No. 14372. Case No. 2020-03577.

198 A.D.3d 484 (2021)

156 N.Y.S.3d 161

2021 NY Slip Op 05633

Cynthia Neesemann, Individually and as Executor of the Estate of Samuel Eagle Friedar, Deceased, Appellant, v. Mt. Sinai West et al., Defendants, and Kindred Hospital New Jersey-Wayne, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 14, 2021.


Attorney(s) appearing for the Case

The Law Office of Bruce Levinson, Katonah ( Bruce Levinson of counsel), for appellant.

Vaslas Lepowsky Hauss & Danke LLP, Staten Island ( Edward F. Humphries of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.


Plaintiff causes of action against Kindred for medical malpractice, violation of civil rights, gross negligence, personal injury, and loss of consortium are subject to an arbitration agreement between the parties. The record does not support plaintiff's claims that she did not sign the arbitration agreement, or alternatively that she was tricked into signing it. As the motion court noted, plaintiff's own statements concerning execution of the arbitration agreement are equivocal...

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