Mazella v. Beals

Smith, J.E

(dissenting). Because I disagree with the majority’s conclusion that the negligence of defendant William Beals, M.D. (defendant) was a proximate cause of the suicide of Joseph Mazella (decedent), I respectfully dissent. I would reverse the amended judgment insofar as appealed from, grant defendant’s motion to set aside the verdict as against the weight of the evidence (see generally Dentes v Mauser, 91 AD3d 1143, 1145-1146 [2012], lv denied 19 NY3d 811 [2012]; Rivera v Greenstein, 79 AD3d 564, 568-569 [2010]), and dismiss the complaint with respect to defendant.

The evidence at trial…