Lo Presti v. Hospital for Joint Diseases

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered April 22, 1999, granting defendants’ motion to dismiss the complaint at the close of the evidence, unanimously reversed, on the law, without costs, defendants’ motion denied, the complaint reinstated and a new trial ordered.

On May 29, 1996, defendant Dr. Michael Neuwirth, the Chief of Spinal Surgery at defendant Hospital for Joint Diseases, performed a disectomy on plaintiff Shari Lo Prestí. The surgery involved removing part of the herniated disc and inserting metal rods as well as bone grafts from elsewhere in the…