Legal Opinion

Nestorowich v. Ricotta

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

Decided March 21, 2001PublishedCited by 3 opinions

1Opinion of the Court

—Judgment affirmed without costs. Memorandum: Contrary to plaintiffs contention, the verdict in favor of John J. Ricotta (defendant) in this medical malpractice action is based on legally sufficient evidence (see generally, Cohen v Hallmark *871Cards, 45 NY2d 493, 499). In addition, the verdict is not against the weight of the evidence (see, Duncan v Mount St. Mary’s Hosp., 272 AD2d 862, 863; see generally, Cohen v Hallmark Cards, supra, at 498-499; Nicastro v Park, 113 AD2d 129, 132-133). Contrary to plaintiffs further contention, the trial testimony of defendant and his expert witness was not…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. John v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  4. Grasso v. CapellaAppellate Division of the Supreme Court of the State of New York · 1999
  5. Capolino v. New York City Health & Hospitals Co.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. Nestorowich v. RicottaNew York Court of Appeals · 2002
  2. Martin v. Lattimore Road Surgicenter, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Nestorowich v. RicottaNew York Court of Appeals · 2002

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