Legal Opinion
Coluzzi v. Korn
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1994No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: The evidence is sufficient to support the jury’s finding that defendant committed malpractice in performing arthroscopic surgery on plaintiffs knee (see, Cohen v Hallmark Cards, 45 NY2d 493, 499), and the verdict is not contrary to the weight of the evidence (see, Kuncio v Millard Fillmore Hosp., 117 AD2d 975, 976, lv denied 68 NY2d 608). “To establish a prima facie case of negligence based wholly on circumstantial evidence, '[i]t is *952enough that [plaintiff] shows facts and conditions from which the negligence of the defendant and the…
2Cases cited9 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
- Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Turcsik v. Guthrie Clinic, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Moyer v. RoyAppellate Division of the Supreme Court of the State of New York · 2017
- Smith v. Auburn Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1995