Lemlek v. Israel

Judgment, Supreme Court, Bronx County (Herbert Shapiro, J.), entered January 24, 1989, which, upon a jury verdict, found in favor of plaintiff, Adele Lemlek, against defendant Robert Israel, and awarded damages in the amount of $400,000, reduced to $240,000 upon a finding that plaintiff was 40% comparatively negligent, is unanimously modified, on the law and facts, to vacate the finding of comparative negligence and reinstate the full award of damages, and otherwise affirmed, without costs.

In this medical malpractice action, defendant physician, Robert Israel, appeals from the judgment in…