Perillo v. St. Catherine's Hospital, Inc.

Appellate Division of the Supreme Court of New York

Perillo v. St. Catherine's Hospital, Inc.

31 A.D.2d 942, 298 N.Y.S.2d 745, 1969 N.Y. App. Div. LEXIS 4450

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

DecidedMarch 10, 1969

StatusPublished

This text of 31 A.D.2d 942 (Perillo v. St. Catherine's Hospital, Inc.) 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

Perillo v. St. Catherine's Hospital, Inc., 31 A.D.2d 942, 298 N.Y.S.2d 745, 1969 N.Y. App. Div. LEXIS 4450 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by plaintiffs from a judgment of the Supreme Court, Kings County, dated July 18, 1967, in favor of defendants upon the trial court’s direction of a verdict at the close of the jury trial. Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event. In our opinion, the proof, viewed in the light most favorable to plaintiffs, established a prima facie ease of malpractice. Hence, it was error for the trial court to have directed a verdict in favor of defendant rather than submit the case to the jury for determination (see Prince v. City of New York, 21 A D 2d 668). Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

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

Appeal by plaintiffs from a judgment of the Supreme Court, Kings County, dated July 18, 1967, in favor of defendants upon the trial court’s direction of a verdict at the close of the jury trial. Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event. In our opinion, the proof, viewed in the light most favorable to plaintiffs, established a prima facie ease of malpractice. Hence, it was error for the trial court to have directed a verdict in favor of defendant rather than submit the case to the jury for determination (see Prince v. City of New York, 21 A D 2d 668). Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 942, 298 N.Y.S.2d 745, 1969 N.Y. App. Div. LEXIS 4450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perillo-v-st-catherines-hospital-inc-nyappdiv-1969.