Gordon v. Kaufman

Appellate Division of the Supreme Court of New York

Gordon v. Kaufman

112 A.D.2d 350, 491 N.Y.S.2d 994, 1985 N.Y. App. Div. LEXIS 56485

Appellate Division of the Supreme Court of the State of New York·Decided July 22, 1985·Published·Cited by 3 cases

Opinion

In a medical malpractice action, defendant appeals from a judgment of the Supreme Court, Queens County (Graci, J.), entered February 21, 1984, which, after a jury trial, was in favor of the plaintiffs in the principal amount of $876,000.

Judgment affirmed, with costs.

We find no merit in defendant’s contentions that the court failed to sufficiently marshal the evidence or that its marshaling was unbalanced or prejudicial (Green v Downs, 27 NY2d 205; Theodoropoulos v New York City Health & Hosps. Corp., 90 AD2d 792; Blaize v City of New York, 80 AD2d 594). The court adequately discussed the evidence and related it to the pertinent principles of law and to each party’s arguments (Green v Downs, supra, p 208). The charge as a whole conveyed no impression that the court had an opinion on the merits of the case (Theodoropoulos v New York City Health & Hosps. Corp., supra).

We have reviewed defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, O’Con-nor and Weinstein, JJ., concur.

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

In a medical malpractice action, defendant appeals from a judgment of the Supreme Court, Queens County (Graci, J.), entered February 21, 1984, which, after a jury trial, was in favor of the plaintiffs in the principal amount of $876,000.

Judgment affirmed, with costs.

We find no merit in defendant’s contentions that the court failed to sufficiently marshal the evidence or that its marshaling was unbalanced or prejudicial (Green v Downs, 27 NY2d 205; Theodoropoulos v New York City Health & Hosps. Corp., 90 AD2d 792; Blaize v City of New York, 80 AD2d 594). The court adequately discussed the evidence and related it to the pertinent principles of law and to each party’s arguments (Green v Downs, supra, p 208). The charge as a whole conveyed no impression that the court had an opinion on the merits of the case (Theodoropoulos v New York City Health & Hosps. Corp., supra).

We have reviewed defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, O’Con-nor and Weinstein, JJ., concur.

Gordon v. Kaufman, 112 A.D.2d 350, 491 N.Y.S.2d 994, 1985 N.Y. App. Div. LEXIS 56485 (N.Y. Ct. App. 1985).

Pincite

112 A.D.2d 350 (Gordon v. Kaufman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related