BYRNES, JAMES R. v. SATTERLY, M.D., CLYDE

Appeal from a judgment of the Supreme Court, Onondaga County (Brian F. DeJoseph, J), entered August 31, 2010 in a medical malpractice action. The judgment awarded costs and disbursements to defendant Clyde Satterly, M.D.

*1712It is hereby ordered that the judgment so appealed from is reversed on the law without costs and a new trial is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained as the result of the alleged malpractice of Clyde Safterly, M.D. (defendant) in prescribing medication that caused plaintiff to develop neuroleptic malignant syndrome. He…