Taylor v. New York University Medical Center

I respectfully dissent. In my opinion, the decision of my colleagues in the majority to set aside the jury’s determination and direct a verdict in favor of the defendants improperly usurps the jury’s fact-finding function and injects their own view of the evidence into the proceedings based upon their disagreement with the jury’s findings rather than upon their desire to meet this court’s obligation to ensure a fair verdict. For those reasons, I respectfully dissent and hold that the trial court’s denial of defendants’ motion pursuant to CPLR 4404 (a) should be affirmed as defendants did not…