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

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

DecidedNovember 5, 1964

StatusPublished

This text of 22 A.D.2d 769 (Schempp v. City of New York) 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

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).

Pincite

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.

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Bluebook (online)

22 A.D.2d 769, 253 N.Y.S.2d 598, 1964 N.Y. App. Div. LEXIS 2845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schempp-v-city-of-new-york-nyappdiv-1964.