Srikishun v. Edye

Tom, J.P.

(concurring). Because the record indicates substantial confusion among the jurors in reaching their verdict, the verdict should have been set aside pursuant to CPLR 4404 (a) and a new trial held against defendant Montefiore on liability and damages (see e.g. Dinino v D.A.T. Constr. Corp., 267 AD2d 148, 149 [1st Dept 1999]).

*3The jury’s finding that Montefiore’s departure from good and accepted medical practice in allowing a knot pusher tip to remain in plaintiff’s body was not a proximate cause of plaintiff’s injuries was inconsistent with the jury note indicating that it believed that…