Feger v. Goldberg

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered March 24, 1997, which, upon the granting of the defendants’ motion for judgment as a matter of law pursuant to CPLR 4401, made at the close of the plaintiffs’ case, is in favor of the defendants and against them, dismissing the action.

Ordered that the judgment is reversed, on the law and the facts, the defendants’ motion is denied, and a new trial is granted, with costs to abide the event.

During the trial of this medical malpractice…