Grogan v. Nizam

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Spinner, J.), dated December 4, 2007, which granted those branches of the defendants’ motion which were *735for a mistrial and pursuant to CPLR 4404 (a) to set aside the jury verdict and to order a new trial, and the defendants cross-appeal from so much of the same order as denied that branch of their motion which was pursuant to CPLR 4404 (a) for judgment as a matter of law.

Ordered that the order is affirmed, with costs to the defendants.

In this medical…