Brazie v. Williams

—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in setting aside the jury verdict of no cause of action in this medical malpractice action based upon alleged errors in the court’s "recap” charge and the recharge on proximate cause. We conclude that those instructions were not erroneous. Medical malpractice can arise from lack of knowledge, lack of ability, failure to exercise reasonable care or failure to use one’s best judgment (1 PJI 2:150; see also, Monahan v Weichert, 82 AD2d 102, 105-106). Clearly, the knowledge,…