Haegeland v. Figliolia Contracting Corp.

Appellate Division of the Supreme Court of New York

Haegeland v. Figliolia Contracting Corp.

54 A.D.2d 707, 387 N.Y.S.2d 404, 1976 N.Y. App. Div. LEXIS 14287

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 1976

StatusPublished

This text of 54 A.D.2d 707 (Haegeland v. Figliolia Contracting Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haegeland v. Figliolia Contracting Corp., 54 A.D.2d 707, 387 N.Y.S.2d 404, 1976 N.Y. App. Div. LEXIS 14287 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a medical malpractice action, defendant Victory Memorial Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated February 17, 1976, as set aside the jury’s verdict in the third-party action, which verdict assessed the third-party defendant’s liability at 80%. Order modified, on the facts, by adding thereto a provision dismissing the third-party action. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The parties to this appeal have consented to this court’s "exercise [of] the same jurisdiction and power as to” the issues in the third-party action "as it would have were the appeal from a judgment following a non-jury trial.” We hold that the jury’s finding of negligence on the part of respondent is not supported by the weight of the credible evidence. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

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

In a medical malpractice action, defendant Victory Memorial Hospital appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated February 17, 1976, as set aside the jury’s verdict in the third-party action, which verdict assessed the third-party defendant’s liability at 80%. Order modified, on the facts, by adding thereto a provision dismissing the third-party action. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The parties to this appeal have consented to this court’s "exercise [of] the same jurisdiction and power as to” the issues in the third-party action "as it would have were the appeal from a judgment following a non-jury trial.” We hold that the jury’s finding of negligence on the part of respondent is not supported by the weight of the credible evidence. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 707, 387 N.Y.S.2d 404, 1976 N.Y. App. Div. LEXIS 14287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haegeland-v-figliolia-contracting-corp-nyappdiv-1976.