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NESTOROWICH v. RICOTTA, M.D.

281 A.D.2d 870 (2001)

727 N.Y.S.2d 833

NANCY NESTOROWICH, Individually and as Executrix of WALTER S. NESTOROWICH, Deceased, Appellant, v. JOHN J. RICOTTA, M.D., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Judgment affirmed without costs.

Memorandum:

Contrary to plaintiff's contention, the verdict in favor of John J. Ricotta (defendant) in this medical malpractice action is based on legally sufficient evidence (see generally, Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). In addition, the verdict is not against the weight of the evidence (see, Duncan v Mount St. Mary...

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