Gerdik v. Van Ess
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries and wrongful death based upon medical malpractice, the defendant Lester J. Van Ess appeals from an order of the Supreme Court, Suffolk County (Burke, J.), dated October 7, 2002, which denied that branch of his motion pursuant to CPLR 4404 (a) which was to set aside the jury verdict against him on the issue of liability, and granted that branch of his motion which was to set aside as against the weight of the evidence and as excessive the jury verdict as to the pecuniary damages sustained by the decedent’s distributees, other than for…
2Cases cited10 opinions
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