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TAYLOR v. NY UNIV. MED. CTR.

21 Misc.3d 23 (2008)

MARK A. TAYLOR, Respondent, v. NEW YORK UNIVERSITY MEDICAL CENTER et al., Appellants.

Supreme Court, Appellate Term, First Department.

September 10, 2008.

Attorney(s) appearing for the Case

Gordon & Rees, LLP, New York City (Diane Krebs and Mercedes Colwin of counsel), for appellants.

Michael G. O'Neill, New York City, for respondent.

McKEON, P.J., and SCHOENFELD, J., concur; DAVIS, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, entered March 13, 2006, reversed, with $10 costs, defendants' CPLR 4404 (a) motion granted, the verdict set aside, judgment in favor of plaintiff vacated, and judgment granted to defendants as a matter of law. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants' CPLR 4404 (a) motion to set aside the verdict should...

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