Legal Opinion · Dissent

Williams v. New York City Health & Hospitals Corp.

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

Decided December 7, 2010Published

1Dissent

Saxe and Catterson, JJ.,

dissent in a memorandum by Catterson, J., as follows: I must respectfully dissent because I believe the motion court improvidently exercised its discretion in directing the plaintiff, Ms. Lydia Williams, to stipulate to a drastically reduced award. Following a jury verdict in her favor for $6.5 million, the motion court directed a new trial as to damages unless Ms. Williams, a 32-year-old single female, stipulated to a reduced award of $1 million for past and future pain and suffering arising out of a mastectomy performed when she was, in fact, cancer-free. I agree…

2Cases cited11 opinions

  1. Senko v. FondaAppellate Division of the Supreme Court of the State of New York · 1976
  2. Donlon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  3. Waldron v. WildAppellate Division of the Supreme Court of the State of New York · 1983
  4. Morsette v. "The Final Call"Appellate Division of the Supreme Court of the State of New York · 2003
  5. King v. JordanAppellate Division of the Supreme Court of the State of New York · 1999

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