Garone v. Roberts' Technical & Trade School, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCapozzoli, J.
An examination of this record convinces us that the action against the defendant, Dr. George R. Merriam, Jr., should not have been dismissed by the trial court at the close of the entire case. A factual issue was presented as to whether this defendant was responsible in damages for his failure to obtain an informed consent for the operation.
"It is axiomatic that where there is a conflict in the evidence as to the issues controverted, matters of credibility and weight are for the jury to determine”. (Kelly v Watson Elevator Co., 309 NY 49, 51.) The dismissal by the court was error.
The…
2Cases cited10 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Kelly v. Watson Elevator Co.New York Court of Appeals · 1955
- Di Rosse v. WeinAppellate Division of the Supreme Court of the State of New York · 1965
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3Cited by9 opinions
- Sard v. HardyCourt of Appeals of Maryland · 1977
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- Guebard v. JabaayAppellate Court of Illinois · 1983
- Foote v. RajadhyaxAppellate Division of the Supreme Court of the State of New York · 2000
- Retkwa v. OrentreichNew York Supreme Court · 1992
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