Casiero v. Stamer

—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Owen, J.), dated June 18, 2002, which, upon a jury verdict, is in favor of the defendants and against her, dismissing the complaint.

Ordered that the judgment is reversed, on the law and as a matter of discretion, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

On December 19, 1996, the defendant Dr. David T. Stamer performed arthroscopic surgery to reconstruct the anterior cruciate ligament (hereinafter ACL) in the…