Legal Opinion
Melito v. Genesee Hospital
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 2 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: The extent of physical injuries and resulting pain and suffering and loss of earnings are "questions peculiarly for the jury” (Frey v Lang Brewery, 256 App Div 1054), and we conclude that the jury’s award of damages in this case did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]).
Plaintiff Angelo Melito suffered a myocardial infarction after undergoing a treadmill test administered at defendant hospital. The jury found that the cardiologist who administered that test was not negligent but that the…
2Cases cited4 opinions
- Cole v. Long Island Lighting Co.New York Supreme Court · 1959
- Schneider v. Memorial Hospital for Cancer & Allied DiseasesAppellate Division of the Supreme Court of the State of New York · 1984
- John v. Supermarket General Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Frey v. BreweryAppellate Division of the Supreme Court of the State of New York · 1939
3Cited by2 opinions
- Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Dawe v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1992