CORRADO, KATHLEEN v. DAVULURI, M.D., CHOUDARY

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 21, 2014
• Docket: CA 14-00672
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1150 CA 14-00672 PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

KATHLEEN CORRADO, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LUCAS DELGATTO, INFANT, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

CHOUDARY DAVULURI, M.D., ST. JOSEPH’S HOSPITAL HEALTH CENTER’S MATERNAL CHILD HEALTH CENTER AND ST. JOSEPH’S HOSPITAL HEALTH CENTER, DEFENDANTS-APPELLANTS.

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT (DANIEL P. LARABY OF COUNSEL), FOR DEFENDANT-APPELLANT CHOUDARY DAVULURI, M.D.

HANCOCK ESTABROOK, LLP, SYRACUSE (ASHLEY D. HAYES OF COUNSEL), FOR DEFENDANTS-APPELLANTS ST. JOSEPH’S HOSPITAL HEALTH CENTER’S MATERNAL CHILD HEALTH CENTER AND ST. JOSEPH’S HOSPITAL HEALTH CENTER.

DEFRANCISCO & FALGIANTANO LAW FIRM, SYRACUSE (CHARLES L. FALGIATANO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeals from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 25, 2013. The order denied the motion of defendants for a directed verdict.

It is hereby ORDERED that said appeals are unanimously dismissed without costs.

Memorandum: Defendants appeal from an order denying their motion for a directed verdict at the close of plaintiff’s case (see CPLR 4401). The jury was unable to reach a verdict after the close of evidence, and Supreme Court declared a mistrial. The appeals must be dismissed. The court’s order denying the motion for a directed verdict embodies “determinations in the nature of rulings by the court during the trial and is not appealable” (Covell v H.R.H. Constr. Corp., 24 AD2d 566, 567, affd 17 NY2d 709; see Kinker v 6409-20th Ave. Realty Corp., 28 AD2d 907, 908, appeal dismissed 20 NY2d 796; see also Kemp v Lynch, 283 AD2d 934, 934), either as of right or by permission (see Radford v Sheridan Prods., 181 AD2d 667, 668).

Entered: November 21, 2014 Frances E. Cafarell Clerk of the Court