Raphael v. Booth Memorial Hospital

Appellate Division of the Supreme Court of New York

Raphael v. Booth Memorial Hospital

46 A.D.2d 894, 361 N.Y.S.2d 704, 1974 N.Y. App. Div. LEXIS 3429

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

DecidedDecember 9, 1974

StatusPublished

Cited by1 cases

This text of 46 A.D.2d 894 (Raphael v. Booth Memorial Hospital) 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

Raphael v. Booth Memorial Hospital, 46 A.D.2d 894, 361 N.Y.S.2d 704, 1974 N.Y. App. Div. LEXIS 3429 (N.Y. Ct. App. 1974).

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Opinion

In an action to recover damages for wrongful death and conscious pain and suffering, defendant third-party plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered October 15, 1973, (1) against it and in favor of plaintiff, upon a jury verdict as reduced by consent, and (2) against it and in favor of the third-party defendants, upon the trial court’s dismissal of the complaint at the close of' the entire case. Judgment reversed, on the law and the facts and in the interests of justice, and new trial granted as to all parties, with costs to abide the event. Appellant’s expert physician was present in court before the summations commenced. Appellant’s application, made at that time, that the doctor be permitted to testify should have been granted. This incorrect ruling alone requires a new trial in the interests of justice, particularly since plaintiff’s case as to liability rested mainly on the basis of her expert medical witness (Brodish v. Diesel Gonstr. Go., 32 A D 2d 785; Murphy v. City of New Torh, 273 App. Div. 492). Furthermore, we regard the verdict as contrary to the weight of evidence. Latham, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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In an action to recover damages for wrongful death and conscious pain and suffering, defendant third-party plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered October 15, 1973, (1) against it and in favor of plaintiff, upon a jury verdict as reduced by consent, and (2) against it and in favor of the third-party defendants, upon the trial court’s dismissal of the complaint at the close of' the entire case. Judgment reversed, on the law and the facts and in the interests of justice, and new trial granted as to all parties, with costs to abide the event. Appellant’s expert physician was present in court before the summations commenced. Appellant’s application, made at that time, that the doctor be permitted to testify should have been granted. This incorrect ruling alone requires a new trial in the interests of justice, particularly since plaintiff’s case as to liability rested mainly on the basis of her expert medical witness (Brodish v. Diesel Gonstr. Go., 32 A D 2d 785; Murphy v. City of New Torh, 273 App. Div. 492). Furthermore, we regard the verdict as contrary to the weight of evidence. Latham, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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Bluebook (online)

46 A.D.2d 894, 361 N.Y.S.2d 704, 1974 N.Y. App. Div. LEXIS 3429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raphael-v-booth-memorial-hospital-nyappdiv-1974.

Opinion

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