Schwartz v. Minkoff

—In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 18, 2001, which granted that branch of the plaintiffs motion pursuant to CPLR 4404 (a) which was to set aside a jury verdict in favor of the defendant and for judgment as a matter of law on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiffs motion which was to set aside the jury verdict in favor of the defendant and for judgment as a matter…