Rizzo v. Kay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for dental malpractice, the defendant Gideon Kay appeals from a judgment of the Supreme Court, Queens County (Hart, J.), dated July 22, 2009, which, upon a jury verdict, upon the granting of the motion of the defendant Joseph Maniscalco pursuant to CPLR 4401 to dismiss his cross claim, made at the close of the plaintiff’s case, and upon the denial of his motion pursuant to CPLR 4404 (a) to set aside the verdict, inter alia, as contrary to the weight of the evidence, or to set aside the damages award for past pain and suffering and future pain and suffering as…
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