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Nueces v. Long Island College Hospital

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 329 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the Supreme Court, Kings County (Leonard Scholnick, J.).


Contrary to defendant hospital's contention, a review of the evidence demonstrates that the jury's verdict is supported by sufficient evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498-499). There exists a rational basis for the jury's findings of negligence on the part of defendant's agent in the administration of an injection to plaintiff's left buttock proximately causing her permanent injuries. While the parties' respective medical experts differed concerning the nature and cause of plaintiff's injuries, the matter was properly left to the jury (Furia v. Mellucci, 163 A.D.2d 88, lv denied 77 N.Y.2d 803; Yalkut v. City of New York, 162 A.D.2d 185, 188).

In conclusion, we find that the award of damages by the jury, as reduced by the court, does not deviate materially from what would be reasonable compensation in the circumstances both in terms of the claim of excessiveness and that of inadequacy. (CPLR 5501 [c].)

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.


Summaries of

Nueces v. Long Island College Hospital

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 329 (N.Y. App. Div. 1994)
Case details for

Nueces v. Long Island College Hospital

Case Details

Full title:ALTAGRACIA DE LAS NUECES, Respondent, v. LONG ISLAND COLLEGE HOSPITAL et…

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 329 (N.Y. App. Div. 1994)
609 N.Y.S.2d 592