Legal Opinion

Brown v. Speaker

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 2009Published

1Opinion of the Court

*423Judgment, Supreme Court, New York County (Joan B. Carey, J., and a jury), entered August 3, 2007, in defendants’ favor in an action for medical malpractice arising out of LASIK eye surgery, unanimously affirmed, without costs.

Considering the evidence in the light most favorable to the prevailing party (see Mazariegos v New York City Tr. Auth., 230 AD2d 608, 610 [1996]), the verdict in defendants’ favor on plaintiffs informed consent claim was not against the weight of the evidence, i.e., it could have been reached on a fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86…

2Cases cited6 opinions

  1. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  2. People v. DavisNew York Court of Appeals · 1983
  3. Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
  4. People v. SugdenNew York Court of Appeals · 1974
  5. Mazariegos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996

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