Legal Opinion
Cicalese v. Caruana
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiff Enrico Cicalese appeals from a judgment of the Supreme Court, Kings County (Spodek, J.), dated May 19, 1999, which, upon a jury verdict on the issue of liability, is in favor of the defendant and against him dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
The standard to be applied on a challenge to a jury verdict in favor of the defendant based on the weight of the evidence is whether the evidence preponderates so greatly in the plaintiff’s favor that the verdict could not have been…
2Cases cited8 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Varsi v. StollAppellate Division of the Supreme Court of the State of New York · 1990
- Torrillo v. Command Bus Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Birnbaum v. All-State Vehicle, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Tarantino v. Vanguard Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by5 opinions
- Roseingrave v. Massapequa General HospitalAppellate Division of the Supreme Court of the State of New York · 2002
- Vona v. WankAppellate Division of the Supreme Court of the State of New York · 2003
- Hia v. SingerAppellate Division of the Supreme Court of the State of New York · 2003
- Kinney v. LeiboffAppellate Division of the Supreme Court of the State of New York · 2002
- Rivers v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 2002