Sargeant v. New York Infirmary Beekman Downtown Hospital

—Order and judgment, Supreme Court, New York County (Helen Freedman, J.), entered July 28, 1994 and September 23, 1994, respectively, which denied defendant’s motion to set aside the verdict but reduced the verdict from $500,000 to $150,000, and permitted plaintiff to either stipulate to the reduced award or have a new trial ordered, unanimously reversed, on the law, without costs, the judgment vacated, the cause of action for disease-phobia dismissed, and the matter remanded for a new trial.

The jury’s finding that the blood transfusion at issue was contraindicated warranted an instruction…