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DIARASSOUBA v. URBAN

No. 2008-04365

71 A.D.3d 51 (2009)

892 N.Y.S.2d 410

MAHMOUD DIARASSOUBA, Appellant, v. WILLIAM P. URBAN et al., Defendants, and SPENCER LUBIN et al., Respondents.

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

Decided December 15, 2009.

Attorney(s) appearing for the Case

Gersowitz Libo & Korek, P.C. (Pollack, Pollack, Isaac & De Cicco, New York City [Conrad Jordan and Brian J. Isaac] of counsel), for appellant.

Morris Duffy Alonso & Faley, New York City (Barry M. Viuker of counsel), for respondents.

RIVERA, J.P., ANGIOLILLO and ENG, JJ., concur.

OPINION OF THE COURT

BELEN, J.

When the plaintiff's counsel in this medical malpractice action attempted to place a settlement on the record, the trial court directed him to do so after the jury verdict was taken. Defense counsel said nothing when the plaintiff's counsel tried to make this record of the settlement. When the verdict was rendered for an amount far in excess of the proposed settlement—nearly 10 times as much—defense counsel predictably...

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