Legal Opinion
Lu v. Spinelli
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2007PublishedCited by 12 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 5, 2006, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.
The jury’s verdict in favor of defendants in this medical malpractice action was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). Issues of credibility are for the jury and its resolution of such issues is entitled to deference (see Robinson v City of New York, 300 AD2d 384 [2002]). The jury reasonably rejected plaintiffs claim that her informed consent for the…
2Cases cited4 opinions
- McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Badr v. HoganNew York Court of Appeals · 1990
- Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Cioffi v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by12 opinions
- Melo v. Morm Management Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Hinkle v. TrejoAppellate Division of the Supreme Court of the State of New York · 2011
- Peat v. Fordham Hill Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Glassberg v. Filco Carting Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Sulay L. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
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