Elkins v. Ferencz

Mazzarelli and Saxe, JJ.,

dissent in a memorandum by Saxe, J., as follows: “To set aside a jury verdict * * * ‘[i]t is necessary to first conclude that there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [persons] to the conclusion reached by the jury on the basis of the evidence presented at trial’ ” (Parkin v Cornell Univ., 78 NY2d 523, 526, quoting Cohen v Hallmark Cards, 45 NY2d 493, 499). It is respectfully submitted that the majority has failed to uphold that sound and time-honored principle.

In finding Dr. Ferencz liable for…