Ramirez v. Jacobs

In an action to recover damages for medical malpractice, the defendants Robert A. Jacobs and Cosmetic Surgery of New York, PC., appeal from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J), entered June 23, 2004, which, upon a jury verdict finding the plaintiff 40% at fault and the defendant Robert A. Jacobs 60% at fault for the injuries to the plaintiff, upon the granting of the plaintiffs motion pursuant to CPLR 4404 (a) to set aside so much of the jury verdict as found the plaintiff to be 40% at fault, and upon the denial of that branch of the motion of the defendants Robert…