Legal Opinion

HARDEN, LAURA v. FAULK, M.D., JAMES W.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2013No. CA 13-00705PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered July 11, 2012. The judgment dismissed the complaint upon a jury verdict of no cause of action.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action against the physician who initially treated her ankle fracture. Following a trial, the jury determined that defendant was not negligent and did not reach the remaining issues. Plaintiff made a posttrial motion pursuant to CPLR 4404 (a) seeking to set…

2Cases cited14 opinions

  1. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  2. Guthrie v. OvermyerAppellate Division of the Supreme Court of the State of New York · 2005
  3. Kettles v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2005
  4. Gilbert v. LuvinAppellate Division of the Supreme Court of the State of New York · 2001
  5. Winiarski v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by2 opinions

  1. J.N.K. MacHine Corp. v. TBW, Ltd.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Shelp v. RatnikAppellate Division of the Supreme Court of the State of New York · 2023

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