Marsh v. Smyth

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered December 10, 2002, which denied plaintiffs motion to charge the jurors on the doctrine of res ipsa loquitur, and order, same court and Justice, entered December 27, 2002, which granted defendants’ motion to preclude the testimony of plaintiffs experts and thereupon dismissed the complaint, reversed, on the law, without costs, the denial of plaintiffs motion vacated, defendants’ motion denied, the complaint reinstated, and the matter remanded for trial.

In December 1995, plaintiff underwent a hysterectomy to treat her…