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Passaro v. N.Y. Hospital-Cornel Medical

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2001
289 A.D.2d 70 (N.Y. App. Div. 2001)

Opinion

Nos. 5574-5575

December 11, 2001.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered August 3, 2000, in a medical malpractice action, awarding plaintiff damages in the total principal amount of $500,000, after defendant's answer was stricken for failure to proceed to trial, unanimously modified, on the law, to vacate the award of damages and remand for a trial thereon, and otherwise affirmed, without costs. Order, same court and Justice, entered December 1, 2000, which denied defendant's motion to vacate the judgment, unanimously dismissed, without costs, as academic in view of the foregoing.

Russell S. Burman, for plaintiffs-respondents.

Nancy A. Breslow, for defendant-appellant.

Before: Rosenberger, J.P., Williams, Tom, Mazzarelli, Ellerin, JJ.


Defendant's request to adjourn the trial based on his attorney's engagement in another trial was properly denied where the attorney's firm had at least one other attorney who was familiar with the case, and competent to take over the defense in this trial, and had sufficient time and warning of the conflicting engagements to prepare someone to do so ( 22 NYCRR 125.1 [e][2][iv]). However, in awarding damages based on the testimony it heard at the prior mistrial, the trial court erroneously usurped the role of the jury, and we modify accordingly.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Passaro v. N.Y. Hospital-Cornel Medical

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2001
289 A.D.2d 70 (N.Y. App. Div. 2001)
Case details for

Passaro v. N.Y. Hospital-Cornel Medical

Case Details

Full title:JOSEPH PASSARO, ET AL., PLAINTIFFS-RESPONDENTS, v. NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 11, 2001

Citations

289 A.D.2d 70 (N.Y. App. Div. 2001)
734 N.Y.S.2d 39