Weiss v. Sider

Appellate Division of the Supreme Court of New York

Weiss v. Sider

254 A.D.2d 42, 678 N.Y.S.2d 717, 1998 N.Y. App. Div. LEXIS 9989

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

DecidedOctober 6, 1998

StatusPublished

This text of 254 A.D.2d 42 (Weiss v. Sider) 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

Weiss v. Sider, 254 A.D.2d 42, 678 N.Y.S.2d 717, 1998 N.Y. App. Div. LEXIS 9989 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered October 21, 1997, which upon a jury verdict, reduced pursuant to plaintiffs stipulation, awarded plaintiff damages structured pursuant to CPLR 5031, unanimously affirmed, with costs.

The jury verdict, finding that plaintiffs injuries were proximately caused by a piece of plastic cannula left in plaintiffs knee joint after arthroscopic surgery, was supported by legally sufficient evidence, viewing the evidence in the light most favorable to plaintiff (see, Alexander v Eldred, 63 NY2d 460, 464). Our review of the record reveals that the verdict was not against the weight of the evidence (see, Cohen v Hallmark Cards, 45 NY2d 493, 499). Defendant’s claim that the trial court abused its discretion in allowing the jury to suspend deliberations over the Christmas holidays is unpreserved and, in any event, without merit. The trial court’s conditional reduction of plaintiffs aggregate pain and suffering damage award from $1,000,000 to $600,000 was appropriate on this record. Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered October 21, 1997, which upon a jury verdict, reduced pursuant to plaintiffs stipulation, awarded plaintiff damages structured pursuant to CPLR 5031, unanimously affirmed, with costs.

The jury verdict, finding that plaintiffs injuries were proximately caused by a piece of plastic cannula left in plaintiffs knee joint after arthroscopic surgery, was supported by legally sufficient evidence, viewing the evidence in the light most favorable to plaintiff (see, Alexander v Eldred, 63 NY2d 460, 464). Our review of the record reveals that the verdict was not against the weight of the evidence (see, Cohen v Hallmark Cards, 45 NY2d 493, 499). Defendant’s claim that the trial court abused its discretion in allowing the jury to suspend deliberations over the Christmas holidays is unpreserved and, in any event, without merit. The trial court’s conditional reduction of plaintiffs aggregate pain and suffering damage award from $1,000,000 to $600,000 was appropriate on this record. Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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Bluebook (online)

254 A.D.2d 42, 678 N.Y.S.2d 717, 1998 N.Y. App. Div. LEXIS 9989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-sider-nyappdiv-1998.

Opinion

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