Smith v. Auburn Memorial Hospital

Order unanimously affirmed without costs. Memorandum: The negligence of defendant and the cause of the injuries to Helen Smith (plaintiff) may be reasonably inferred from the circumstantial evidence adduced at trial (see, Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743, 744; Coluzzi v Korn, 209 AD2d 951, 951-952, lv denied 85 NY2d 801; Pollicina v Misericordia Hosp. Med. Ctr., 158 AD2d 194, 199-200, lv dismissed 76 NY2d 934; cf., Nyon Sook Lee v Shields, 188 AD2d 637). Supreme Court did not err in granting defendant a new trial on damages unless plaintiff agreed to a total verdict of…