Legal Opinion
Sutton v. Kassapides
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2010PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated February 18, 2009, which denied her motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant Elias Kassapides, and for a new trial.
Ordered that the order is reversed, on the lav/ and as a matter of discretion, with costs, the motion is granted, the jury verdict is set aside, and the matter is remitted to the Supreme Court, Queens County, for a new trial before a different Justice.
The plaintiff was deprived of a fair…
2Cases cited7 opinions
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Martin v. Lattimore Road Surgicenter, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Ougourlian v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Perkins v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
- Travelers Indemnity Co. v. MohammedAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by5 opinions
- Rizzo v. KayAppellate Division of the Supreme Court of the State of New York · 2010
- Porcelli v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013
- Porcelli v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013
- Porcelli v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013
- Porcelli v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013