Legal Opinion
Spagnole v. Staten Island University Hospital
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 2010PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), entered May 18, 2009, which, upon a jury verdict, is in favor of the defendants and against her dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
Jury interrogatories must be based on claims supported by the evidence (see Marzuillo v Isom, 277 AD2d 362, 363 [2000]). Here, the Supreme Court properly declined to submit to the jury the proposed interrogatory regarding whether the defendants departed from the standard of care…
2Cases cited3 opinions
- Beizer v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2005
- Marzuillo v. IsomAppellate Division of the Supreme Court of the State of New York · 2000
- Murray v. ManiatisAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- Allen v. UhAppellate Division of the Supreme Court of the State of New York · 2011
- Stewart v. New York Hosp. QueensAppellate Division of the Supreme Court of the State of New York · 2023
- Galarza v. Crown Container Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Kennedy v. ArifAppellate Division of the Supreme Court of the State of New York · 2011
- Holmes v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012
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