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EARL v. GOLDSTEIN

285 A.D.2d 442 (2001)

727 N.Y.S.2d 344

MAUREEN EARL et al., Respondents, v. JEFFREY GOLDSTEIN et al., Appellants.

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

Decided July 2, 2001.

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The evidence at trial was insufficient, as a matter of law, to prove that the conduct of the defendant doctor, Jeffrey Goldstein, unreasonably endangered the physical safety of the plaintiff Maureen Earl or caused her to fear for her safety (see, Cohen v Hallmark Cards, 45 N.Y.2d 493, 499; Creed v United...

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