Legal Opinion
Levin v. Carbone
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000No. Appeal No. 1PublishedCited by 15 opinions
1Opinion of the Court
—Order and judgment reversed on the law without costs, motions denied and verdict reinstated. Memorandum: Defendant contends that Supreme Court erred in setting aside the jury’s verdict and directing a verdict on liability in plaintiffs favor. We agree.
Defendant performed surgery on plaintiff to remove a neuroma on her foot. The surgical wound subsequently became infected. Plaintiff commenced this medical malpractice action alleging that defendant’s failure to diagnose the infection was below acceptable podiatric standards. Defendant established at trial that the surgical wound opened because…
2Cases cited5 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Dannick v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1993
- McLoughlin v. Hamburg Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Kash v. KroegerAppellate Division of the Supreme Court of the State of New York · 1995
- Augustine v. DandreaAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by15 opinions
- Bobek v. CrystalAppellate Division of the Supreme Court of the State of New York · 2002
- Fritz v. White Consolidated Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Butler v. County of ChautauquaAppellate Division of the Supreme Court of the State of New York · 2000
- Bowes v. NooneAppellate Division of the Supreme Court of the State of New York · 2002
- Kaplan v. NadlerAppellate Division of the Supreme Court of the State of New York · 2001
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