Gilbert v. Luvin

*448OPINION OF THE COURT

Paula J. Omansky, J.

Plaintiff moves for an order, pursuant to CPLR 4404 (a), setting aside a defendants’ verdict in the interest of justice. Motion numbers 001 and 002 are hereby consolidated for disposition.

Plaintiff commenced this medical malpractice action seeking to recover damages for injuries he sustained to his right eye following lumbar surgery at Columbia Presbyterian Medical Center on March 28, 1994. Plaintiff claims to have lost virtually all of his vision in his right eye following surgery, where the defendant Bernard Rawlins, M.D. was the attending orthopedic…