Nicholas v. C. H. J. Reason

Order unanimously reversed, with costs, and motion granted. Memorandum: In a medical malpractice action arising from a doctor’s care of plaintiff who had suffered a severe leg injury in a motorcycle accident, there was a two-week jury trial ending in a verdict of no cause for action. The sole issue is plaintiff’s right to appeal this result as a poor person. The trial court entertained the application for such relief and denied it solely upon the ground that the claim was without merit. Plaintiff’s indigency is not controverted. CPLR 1101 (subd [a]) provides that “the court in which an action…