Schempp v. City of New York

Appellate Division of the Supreme Court of New York

Schempp v. City of New York

22 A.D.2d 769, 253 N.Y.S.2d 598, 1964 N.Y. App. Div. LEXIS 2845

Appellate Division of the Supreme Court of the State of New York·Decided November 5, 1964·Published

Opinion

Judgment dismissing the complaint upon the granting of defendant’s motion to set aside a verdict in favor of plaintiff in the sum of $50,754.05, unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. It does not sufficiently appear that the alleged acts of malpractice were the competent and producing cause of decedent’s death. It appearing that plaintiff was unduly restricted in the examination of her medical expert, a new trial should be had in the interests of justice. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

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Judgment dismissing the complaint upon the granting of defendant’s motion to set aside a verdict in favor of plaintiff in the sum of $50,754.05, unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. It does not sufficiently appear that the alleged acts of malpractice were the competent and producing cause of decedent’s death. It appearing that plaintiff was unduly restricted in the examination of her medical expert, a new trial should be had in the interests of justice. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.

Schempp v. City of New York, 22 A.D.2d 769, 253 N.Y.S.2d 598, 1964 N.Y. App. Div. LEXIS 2845 (N.Y. Ct. App. 1964).

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22 A.D.2d 769 (Schempp v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.