Borawski v. Huang
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered March 4, 2005, which, upon the granting of the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiffs case, dismissed the complaint.
Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.
To be awarded judgment as a matter of law pursuant to CPLR 4401, a defendant has…
2Cases cited13 opinions
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- Godlewska v. NiznikiewiczAppellate Division of the Supreme Court of the State of New York · 2004
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