Legal Opinion
Alberti v. St. John's Episcopal Hospital-Smithtown
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1986PublishedCited by 7 opinions
1Opinion of the Court
In a medical malpractice action, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered June 1, 1984, which dismissed the complaint at the close of all the evidence for failure to establish a prima facie case.
Judgment reversed, on the law, and a new trial granted as against defendant Roth, with costs to abide the event.
Viewing the evidence in the light most favorable to plaintiffs and resolving all questions of credibility in their favor, as we must (see, Lipsius v White, 91 AD2d 271), there was *613sufficient evidence adduced from which a reasonable…
2Cases cited3 opinions
- Lipsius v. WhiteAppellate Division of the Supreme Court of the State of New York · 1983
- Gibson v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1983
- Ogden v. BhattiAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by7 opinions
- Gruntz v. Deepdale General HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Chazon v. Parkway Medical GroupAppellate Division of the Supreme Court of the State of New York · 1990
- Colozzo v. LoVeceAppellate Division of the Supreme Court of the State of New York · 1988
- Shinn v. St. James Mercy HospitalDistrict Court, W.D. New York · 1987
- Smith v. VosburghAppellate Division of the Supreme Court of the State of New York · 1991
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