Sauer v. Aguero

—In an action to recover damages for medical malpractice, etc., the defendant Jose A. Agüero appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated December 3, 1998, which granted the plaintiffs’ motion to set aside a jury verdict in his favor finding that his conduct was not a deviation from accepted medical practice, and for judgment as a matter of law on that issue, and ordered a new trial on the issue of whether the deviation was a substantial factor in causing the infant plaintiffs injuries and, if necessary, for an assessment of damages.

Ordered that the order is…