Bruce v. Hospital for Special Surgery

In an action for alleged malpractice to recover damages for personal injuries, the appeal is from a judgment of the Supreme Court, Queens County, entered March 6, 1969, in plaintiff’s favor against appellant, upon a jury verdict of $50,000. Judgment reversed, on the law and the facts, and new trial granted as to appellant, with costs to abide the event. It is *964clear that the finding implicit in the jury’s verdict that the operation was performed by defendant Dr. Sbarboro is against the weight of the evidence. There was insufficient evidence presented which would permit a finding by the jury…