Vohs v. Long Island Jewish Hospital

Appellate Division of the Supreme Court of New York

Vohs v. Long Island Jewish Hospital

67 A.D.2d 662, 411 N.Y.S.2d 1013, 1979 N.Y. App. Div. LEXIS 10239

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

DecidedJanuary 8, 1979

StatusPublished

This text of 67 A.D.2d 662 (Vohs v. Long Island Jewish Hospital) 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

Vohs v. Long Island Jewish Hospital, 67 A.D.2d 662, 411 N.Y.S.2d 1013, 1979 N.Y. App. Div. LEXIS 10239 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a consolidated medical malpractice action, (1) defendant Long Island Jewish Hospital (the hospital) appeals from a judgment of the Supreme Court, Queens County, entered January 12, 1978, which (a) is in favor of plaintiff and against it, upon a jury verdict, and (b) dismissed its cross claim against defendants Meilman and Hirsch, as a matter of law, and (2) plaintiff cross-appeals, on the ground of inadequacy, from so much of the same judgment as, in its award of damages, included only $200,000 for pain and suffering. Judgment modified, on the law, by deleting so much of the second decretal paragraph thereof as dismissed the hospital’s cross claim against defendants Meilman and Hirsch. As so modified, judgment affirmed and, as between the hospital and defendants Meilman and Hirsch, action severed and new trial granted as to the hospital’s cross claim against defendants Meilman and Hirsch, with costs to abide the event. The trial court erred in dismissing the hospital’s cross claim, since issues of fact existed which should have been submitted to the jury. We find no merit to the hospital’s suggestion that the judgment in favor of plaintiff and against it should be reversed, or to plaintiff’s claim that the damages awarded by the jury for pain and suffering were inadequate. Hopkins, J. P., Titone, O’Connor and Cohalan, JJ., concur.

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— In a consolidated medical malpractice action, (1) defendant Long Island Jewish Hospital (the hospital) appeals from a judgment of the Supreme Court, Queens County, entered January 12, 1978, which (a) is in favor of plaintiff and against it, upon a jury verdict, and (b) dismissed its cross claim against defendants Meilman and Hirsch, as a matter of law, and (2) plaintiff cross-appeals, on the ground of inadequacy, from so much of the same judgment as, in its award of damages, included only $200,000 for pain and suffering. Judgment modified, on the law, by deleting so much of the second decretal paragraph thereof as dismissed the hospital’s cross claim against defendants Meilman and Hirsch. As so modified, judgment affirmed and, as between the hospital and defendants Meilman and Hirsch, action severed and new trial granted as to the hospital’s cross claim against defendants Meilman and Hirsch, with costs to abide the event. The trial court erred in dismissing the hospital’s cross claim, since issues of fact existed which should have been submitted to the jury. We find no merit to the hospital’s suggestion that the judgment in favor of plaintiff and against it should be reversed, or to plaintiff’s claim that the damages awarded by the jury for pain and suffering were inadequate. Hopkins, J. P., Titone, O’Connor and Cohalan, JJ., concur.

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Bluebook (online)

67 A.D.2d 662, 411 N.Y.S.2d 1013, 1979 N.Y. App. Div. LEXIS 10239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vohs-v-long-island-jewish-hospital-nyappdiv-1979.