Schwartz v. Tessler

Order, Supreme Court, New York County (Edward J. Greenfield, J.), entered June 30, 1986, which denied plaintiff’s motion, pursuant to CPLR 5015 (a) (2), for a new trial, based upon newly discovered evidence, is unanimously reversed, on the law, on the facts, and in the exercise of discretion, motion granted, judgment vacated, and new trial ordered, without costs.

On November 18, 1976, Mr. Murray Schwartz (Mr. Schwartz), approximately 51 years old, was admitted to New York University Medical Center (Medical Center) with a prostate problem. Prior to the surgery, discussed, infra, Mr. Schwartz…