Legal Opinion
Cholewinski v. Wisnicki
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 2005PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about October 7, 2004, which, following a jury trial in this medical malpractice action, granted plaintiffs’ post-trial motion to set aside the jury’s verdict in favor of defendants Dr. H. Jay Wisnicki and Beth Israel Medical Center and ordered a new trial, unanimously reversed, on the facts, without costs, and the verdict reinstated.
The trial court erred in granting plaintiffs’ motion to set aside the verdict as against the weight of the evidence. “[I]n the absence of indications that substantial justice has not been…
2Cases cited11 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Matott v. WardNew York Court of Appeals · 1979
- McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Price v. New York City Housing AuthorityNew York Court of Appeals · 1998
- West 15th Street Associates v. MartinezNew York Court of Appeals · 1999
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3Cited by5 opinions
- WOLF, SARAH E. v. PERSAUD, M.D., ANDRE A.Appellate Division of the Supreme Court of the State of New York · 2015
- Reilly v. NiniaAppellate Division of the Supreme Court of the State of New York · 2011
- Brown v. SpeakerAppellate Division of the Supreme Court of the State of New York · 2009
- C v. St. Luke's-Roosevelt Hospital CenterNew York Supreme Court · 2007
- Munoz v. New York Presbyt. Hosp.Appellate Division of the Supreme Court of the State of New York · 2019