Taylor v. City of New York

Appellate Division of the Supreme Court of New York

Taylor v. City of New York

160 A.D.2d 567, 554 N.Y.S.2d 215, 1990 N.Y. App. Div. LEXIS 4628

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

DecidedApril 24, 1990

StatusPublished

This text of 160 A.D.2d 567 (Taylor 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

Taylor v. City of New York, 160 A.D.2d 567, 554 N.Y.S.2d 215, 1990 N.Y. App. Div. LEXIS 4628 (N.Y. Ct. App. 1990).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Martin Evans, J.), entered December 22, 1988, which, after jury trial, found in favor of defendants against plaintiffs and dismissed the complaint, unanimously affirmed, without costs.

The Supreme Court marshaled the evidence in this complex medical malpractice case, submitting each alleged act of malpractice to the jury by way of special interrogatories. The jury found in favor of defendants. We find that the verdict was not against the weight of the evidence, in view of the conflicting expert testimony presented, nor did the evidence so preponderate in favor of plaintiffs that the verdict could not have been reached on any fair interpretation of the evidence (Niewieroski v National Cleaning Contrs., 126 AD2d 424, lv denied 70 NY2d 602).

The objection to the verdict sheet on the ground that the court should have framed the issues in terms of the named defendant’s malpractice, as opposed to that of its employed physician who treated plaintiff, could not possibly have led to any confusion or prejudice. The unpreserved arguments that the special interrogatories should have recited, in essence, the factual predicates upon which the alleged malpractice was based are without merit, and would have resulted in prolix interrogatories. Concur—Murphy, P. J., Rosenberger, Kassal and Smith, JJ.

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

—Judgment, Supreme Court, New York County (Martin Evans, J.), entered December 22, 1988, which, after jury trial, found in favor of defendants against plaintiffs and dismissed the complaint, unanimously affirmed, without costs.

The Supreme Court marshaled the evidence in this complex medical malpractice case, submitting each alleged act of malpractice to the jury by way of special interrogatories. The jury found in favor of defendants. We find that the verdict was not against the weight of the evidence, in view of the conflicting expert testimony presented, nor did the evidence so preponderate in favor of plaintiffs that the verdict could not have been reached on any fair interpretation of the evidence (Niewieroski v National Cleaning Contrs., 126 AD2d 424, lv denied 70 NY2d 602).

The objection to the verdict sheet on the ground that the court should have framed the issues in terms of the named defendant’s malpractice, as opposed to that of its employed physician who treated plaintiff, could not possibly have led to any confusion or prejudice. The unpreserved arguments that the special interrogatories should have recited, in essence, the factual predicates upon which the alleged malpractice was based are without merit, and would have resulted in prolix interrogatories. Concur—Murphy, P. J., Rosenberger, Kassal and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

160 A.D.2d 567, 554 N.Y.S.2d 215, 1990 N.Y. App. Div. LEXIS 4628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-city-of-new-york-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack