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Pfeffer v. Maimonides Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1983
95 A.D.2d 850 (N.Y. App. Div. 1983)

Opinion

June 27, 1983


In a medical malpractice action, plaintiff appeals from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), entered February 5, 1982, which is in favor of defendant Weinstein, upon a jury verdict. Judgment reversed, as a matter of discretion, and a new trial granted to plaintiff against defendant Weinstein, with costs to abide the event. At the end of the trial, the parties waived the marshaling of the evidence by the trial court. Thereafter, the court examined and ruled on the parties' requests to charge. In our view, those requests, some of which were actually in the form of interrogatories, demonstrated a desire by the parties that the evidence be referred to in the charge. In view of the complex nature of this case and the parties' requests to charge, the court should have marshaled the evidence. Gulotta, J.P., O'Connor, Weinstein and Rubin, JJ., concur.


Summaries of

Pfeffer v. Maimonides Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1983
95 A.D.2d 850 (N.Y. App. Div. 1983)
Case details for

Pfeffer v. Maimonides Medical Center

Case Details

Full title:CAROL PFEFFER, an Infant, by Her Father and Natural Guardian, GEORGE…

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

Date published: Jun 27, 1983

Citations

95 A.D.2d 850 (N.Y. App. Div. 1983)

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