BUTTERFIELD, KELLEY v. CAPUTO, M.D., JAMES R.

I respectfully dissent in part. I agree with the majority that Supreme Court erred in granting those parts of the posttrial motions of plaintiffs and defendant Crouse Hospital (Crouse) seeking to set aside the verdict with respect to defendants James R. Caputo, M.D., and James R. Caputo, M.D., EC. (collectively, Dr. Caputo). I cannot agree with the majority, however, that the court properly granted plaintiffs’ “supplemental motion” to correct the verdict with respect to the award of damages for the future pain and suffering of Kelley Butterfield (plaintiff). Instead, I would grant Crouse’s…