Legal Opinion

MARTIN EX REL. MARTIN v. Moscowitz

District Court, N.D. New York

Decided September 5, 2006No. 1:02-CV-1281Published

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

This medical malpractice action was brought by Kim Martin on behalf of her then-minor son plaintiff Covon Martin (“Covon” or “plaintiff’) alleging medical malpractice by defendant Richard W. Moscowitz, M.D. (“Moscowitz”) 1 . After a jury trial, held November 29, 2004, through December 3, 2004, in Utica, New York, a verdict in favor of Moscowitz was rendered. On post-trial motions by plaintiffs it was held that there was not a legally sufficient evidentiary basis for the jury’s verdict, and further that the verdict was…

2Cases cited22 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. Nimely v. City of New YorkCourt of Appeals for the Second Circuit · 2005
  3. Karen SORLUCCO, Plaintiff-Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1992
  4. Samuel S. SONG, Plaintiff-Appellant, v. IVES LABORATORIES, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1992
  5. Danny T. Greenway v. The Buffalo Hilton Hotel, Cross-AppelleeCourt of Appeals for the Second Circuit · 1998

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