Legal Opinion

Bonilla v. New York City Health & Hospitals Corp.

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

Decided July 1, 1996PublishedCited by 5 opinions

1Opinion of the Court

—In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated August 15, 1994, which denied their motion to set aside a jury verdict in favor of the defendant New York City Health and Hospitals Corporation and against them.

Ordered that the order is affirmed, with costs.

By expressly stating they did not want to move for a mistrial in advance of the verdict, the plaintiffs waived their current objections to the comment in question (see, CPLR 4404 [a]; Mathews v Coca-Cola Bottling, 188…

2Cases cited4 opinions

  1. Schein v. Chest Service Co.Appellate Division of the Supreme Court of the State of New York · 1972
  2. Kamen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  3. Virgo v. BonavillaNew York Court of Appeals · 1980
  4. Mathews v. Coca-Cola BottlingAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by5 opinions

  1. Kraemer v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1998
  2. Rodriguez v. ValentineAppellate Division of the Supreme Court of the State of New York · 2005
  3. Sweet v. RiosAppellate Division of the Supreme Court of the State of New York · 2014
  4. Reed v. FraserAppellate Division of the Supreme Court of the State of New York · 2008
  5. Sweet v. RiosAppellate Division of the Supreme Court of the State of New York · 2014

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