From Casetext: Smarter Legal Research

Bovay v. Podolsky

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 843 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Judgment of Supreme Court, Oswego County, Nicholson, J. — Negligence.

PRESENT: DENMAN, P. J., PINE, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.


Judgment unanimously affirmed without costs. Memorandum: We reject the contention of Scott Podolsky, M.D. (defendant) that the verdict is against the weight of the evidence (see, Grassi v. Ulrich, 87 N.Y.2d 954; Lolik v. Big V Supermarkets, 86 N.Y.2d 744; Gailey Co. v. Wahl, 262 A.D.2d 985 [decided June 18, 1999]). The testimony of plaintiff's medical expert supports the conclusion that medical care provided by defendant to plaintiff fell below the level of care acceptable in the professional community in which defendant practices (see, Schrempf v. State of New York, 66 N.Y.2d 289, 295; Kelly v. State of New York, 259 A.D.2d 962), and that defendant's deviation from the applicable standard of care was a proximate cause of plaintiff's injuries (see, De Stefano v. Immerman, 188 A.D.2d 448, 449).


Summaries of

Bovay v. Podolsky

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 843 (N.Y. App. Div. 1999)
Case details for

Bovay v. Podolsky

Case Details

Full title:LORI J. BOVAY, PLAINTIFF-RESPONDENT, v. SCOTT PODOLSKY, M.D.…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 843 (N.Y. App. Div. 1999)
697 N.Y.S.2d 427