Legal Opinion

Curry v. Hudson Valley Hospital Center

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2013Published

1Opinion of the Court

*899In a medical malpractice action to recover damages for conscious pain and suffering, etc., the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Adler, J.), dated June 30, 2011, which, after a jury verdict finding the decedent 50% at fault for the decedent’s injuries and death and the defendants 50% at fault, denied her motion pursuant to CPLR 4404 (a) to set aside so much of a jury verdict as awarded her zero damages for the decedent’s conscious pain and suffering on the ground that it was against the weight of the evidence, and (2) a judgment of the same court…

2Cases cited17 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. McDougald v. GarberNew York Court of Appeals · 1989
  3. Cummins v. County of OnondagaNew York Court of Appeals · 1994
  4. Ross v. MandevilleAppellate Division of the Supreme Court of the State of New York · 2007
  5. Fiederlein v. New York City Health & Hospitals Corp.New York Court of Appeals · 1982

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