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Vascellaro v. Brauner

254 A.D.2d 350, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10772
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 13, 1998
StatusPublished

This text of 254 A.D.2d 350 (Vascellaro v. Brauner) 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
Vascellaro v. Brauner, 254 A.D.2d 350, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10772 (N.Y. Ct. App. 1998).

Opinion

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), entered July 18, 1997, which, upon a jury verdict, is in favor of the defendant Gary J. Brauner and against him.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the third interrogatory submitted to the jury was proper. The plaintiff failed to present sufficient evidence of any malpractice committed by the defendant Gary J. Brauner before the date specified in the interrogatory (see, Randolph v Long Is. Coll. Hosp., 234 AD2d 441; Wells v State of New York, 228 AD2d 581; Fallon v Damianos, 192 AD2d 576; Ferretti v Town of Greenburgh, 191 AD2d 608).

There is no merit to the plaintiffs remaining contention that the verdict was against the weight of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744; Nicastro v Park, 113 AD2d 129). Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.

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Related

Lolik v. Big v. Supermarkets, Inc.
655 N.E.2d 163 (New York Court of Appeals, 1995)
Nicastro v. Park
113 A.D.2d 129 (Appellate Division of the Supreme Court of New York, 1985)
Ferretti v. Town of Greenburgh
191 A.D.2d 608 (Appellate Division of the Supreme Court of New York, 1993)
Fallon v. Damianos
192 A.D.2d 576 (Appellate Division of the Supreme Court of New York, 1993)
Wells v. State
228 A.D.2d 581 (Appellate Division of the Supreme Court of New York, 1996)
Randolph v. Long Island College Hospital
234 A.D.2d 441 (Appellate Division of the Supreme Court of New York, 1996)

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Bluebook (online)
254 A.D.2d 350, 678 N.Y.S.2d 536, 1998 N.Y. App. Div. LEXIS 10772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vascellaro-v-brauner-nyappdiv-1998.