Gonzalez v. Jamaica Hospital

Appellate Division of the Supreme Court of New York

Gonzalez v. Jamaica Hospital

25 A.D.3d 652, 807 N.Y.S.2d 316

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 2006·Published·Cited by 9 cases

Opinion

In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Queens County (Dorsa, J.), dated June 24, 2004, which, upon a jury verdict, is in favor of the plaintiff Nancy Gonzalez and against it in the principal sum of $850,000.

Ordered that the judgment is affirmed, with costs.

The defendant’s contention that the court erred in refusing to charge the jury on comparative negligence is unpreserved for appellate review (see CPLR 4110-b). In any event, the contention is without merit as there was insufficient evidence in the record to support such a charge (see Arpino v Jovin C. Lombardo, P.C., 215 AD2d 614 [1995]; O'Connor v Graziosi, 131 AD2d 553 [1987]).

[653] The defendant’s further contention that the verdict was against the weight of the evidence is similarly without merit (see Simmons v East Nassau Med. Group, 260 AD2d 463 [1999]; Nussbaum v Gibstein, 138 AD2d 193 [1988], revd on other grounds 73 NY2d 912 [1989]).

The jury’s award did not deviate materially from what would be reasonable compensation (see Sutch v Yarinsky, 292 AD2d 715 [2002]; Lopez v Bautista, 287 AD2d 601 [2001]; Motichka v Cody, 279 AD2d 310 [2001]; King v Jordan, 265 AD2d 619 [1999]; Baez v Dombroff, 142 AD2d 705 [1988]).

The defendant’s remaining contentions are without merit (see Roseingrave v Massapequa Gen. Hosp., 298 AD2d 377 [2002]; Cerasuoli v Brevetti, 166 AD2d 403 [1990]). Cozier, J.P., Ritter, Rivera and Fisher, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Queens County (Dorsa, J.), dated June 24, 2004, which, upon a jury verdict, is in favor of the plaintiff Nancy Gonzalez and against it in the principal sum of $850,000.

Ordered that the judgment is affirmed, with costs.

The defendant’s contention that the court erred in refusing to charge the jury on comparative negligence is unpreserved for appellate review (see CPLR 4110-b). In any event, the contention is without merit as there was insufficient evidence in the record to support such a charge (see Arpino v Jovin C. Lombardo, P.C., 215 AD2d 614 [1995]; O'Connor v Graziosi, 131 AD2d 553 [1987]).

[653] The defendant’s further contention that the verdict was against the weight of the evidence is similarly without merit (see Simmons v East Nassau Med. Group, 260 AD2d 463 [1999]; Nussbaum v Gibstein, 138 AD2d 193 [1988], revd on other grounds 73 NY2d 912 [1989]).

The jury’s award did not deviate materially from what would be reasonable compensation (see Sutch v Yarinsky, 292 AD2d 715 [2002]; Lopez v Bautista, 287 AD2d 601 [2001]; Motichka v Cody, 279 AD2d 310 [2001]; King v Jordan, 265 AD2d 619 [1999]; Baez v Dombroff, 142 AD2d 705 [1988]).

The defendant’s remaining contentions are without merit (see Roseingrave v Massapequa Gen. Hosp., 298 AD2d 377 [2002]; Cerasuoli v Brevetti, 166 AD2d 403 [1990]). Cozier, J.P., Ritter, Rivera and Fisher, JJ., concur.

Gonzalez v. Jamaica Hospital, 25 A.D.3d 652, 807 N.Y.S.2d 316 (N.Y. Ct. App. 2006).

Pincite

25 A.D.3d 652 (Gonzalez v. Jamaica Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related