Legal Opinion
Gagnon v. St. Clare's Hospital
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2009PublishedCited by 2 opinions
1Opinion of the CourtCardona, P.J.
Appeals (1) from a judgment of the Supreme Court (Catena, J.), entered December 26, 2007 in Schenectady County, upon a verdict rendered in favor of defendants Darren B. Miter and Schenectady Surgical Care Associates, EC., and (2) from an order of said court, entered February 27, 2008 in Schenectady County, which denied plaintiffs motion to set aside the verdict.
Elaintiff raises two issues regarding the jury charge in this medical malpractice case; specifically, whether Supreme Court erred in delivering an “error in judgment” instruction and in declining to issue a missing witness instruction.
O…
2Cases cited8 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SavinonNew York Court of Appeals · 2003
- Jackson v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1996
- Goverski v. MillerAppellate Division of the Supreme Court of the State of New York · 2001
- Leahy v. AllenAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- Popolizio v. County of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2009
- Heinrich v. SerensAppellate Division of the Supreme Court of the State of New York · 2025