Reed v. New York & Presbyterian Hospital

Appellate Division of the Supreme Court of New York

Reed v. New York & Presbyterian Hospital

308 A.D.2d 388, 764 N.Y.S.2d 623, 2003 N.Y. App. Div. LEXIS 9689

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 2003·Published

Opinion

—Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered May 1, 2002, upon a jury verdict in defendants’ favor, dismissing the complaint, unanimously affirmed, without costs.

The trial court properly denied plaintiff’s motion, at the close of defendants’ case, for a directed verdict on his cause of action for false imprisonment. The record discloses that the trial evidence raised numerous issues of fact and witness credibility with respect to defendants’ claim of legal justification, which were properly left for the jury (see White v Albany Med. Ctr. Hosp., 151 AD2d 859 [1989]).

We have considered plaintiff’s remaining arguments and find [389] them unavailing. Concur — Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered May 1, 2002, upon a jury verdict in defendants’ favor, dismissing the complaint, unanimously affirmed, without costs.

The trial court properly denied plaintiff’s motion, at the close of defendants’ case, for a directed verdict on his cause of action for false imprisonment. The record discloses that the trial evidence raised numerous issues of fact and witness credibility with respect to defendants’ claim of legal justification, which were properly left for the jury (see White v Albany Med. Ctr. Hosp., 151 AD2d 859 [1989]).

We have considered plaintiff’s remaining arguments and find [389] them unavailing. Concur — Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

Reed v. New York & Presbyterian Hospital, 308 A.D.2d 388, 764 N.Y.S.2d 623, 2003 N.Y. App. Div. LEXIS 9689 (N.Y. Ct. App. 2003).

Pincite

308 A.D.2d 388 (Reed v. New York & Presbyterian Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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