Legal Opinion
Grasso v. Capella
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1999PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated March 26, 1998, which, upon a jury verdict, and *601upon the denial of his motion pursuant to CPLR 4404 (a) to set aside the verdict, is in favor of the plaintiff Susan Marsha Grasso and against him in the principal sum of $90,000.
Ordered that the judgment is affirmed, with costs.
The trial court did not err in refusing to give the “error of judgment” charge contained in PJI 2:150. There was no evidence that the defendant, a surgeon, had to…
2Cases cited3 opinions
- Spadaccini v. DolanAppellate Division of the Supreme Court of the State of New York · 1978
- Brault v. Kenmore Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1988
- Capolino v. New York City Health & Hospitals Co.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- Martin v. Lattimore Road Surgicenter, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Nestorowich v. RicottaAppellate Division of the Supreme Court of the State of New York · 2001
- Ellsworth v. ChanAppellate Division of the Supreme Court of the State of New York · 2000
- Martin v. Lattimore Road Surgicenter, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Nestorowich v. RicottaAppellate Division of the Supreme Court of the State of New York · 2001