Nucci v. Proper
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in granting plaintiffs’ motion to set aside the jury verdict of no cause of action and ordering a new trial. This medical malpractice action arises from the alleged failure of an anesthesiologist to monitor the condition of his patient, Joseph V. Nucci (plaintiff), following surgery. The alleged negligence of defendant Rochester General Hospital is derivative only. Plaintiff stopped breathing when he was extubated in the operating room. Plaintiffs contend that…
2Cases cited6 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Campbell v. City of ElmiraNew York Court of Appeals · 1994
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
- Vincent v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1975
- Campbell v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1993
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