KEARNEY v. PAPISH

2013-05739, Index No. 7013/09.

136 A.D.3d 690 (2016)

24 N.Y.S.3d 708

2016 NY Slip Op 00697

ELENA KEARNEY, Individually and as Administrator of the Estate of OVIOL PLASENCIA, Deceased, Appellant, v. MARK PAPISH, M.D., et al., Respondents.

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

Decided February 3, 2016.


In an action to recover damages for medical malpractice, etc., the plaintiff appeals from a judgment of the Supreme Court, Queens County (Hart, J.), entered April 9, 2013, which, upon a jury verdict in favor of the defendants on the issue of liability, and upon the denial of her oral motion pursuant to CPLR 4404 (a) to set aside the verdict as contrary to the weight of the evidence and for a new trial, is in favor of the defendants and against her, in effect, dismissing the...

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