Reed v. N.Y. Presbyterian Hosp

Full title: WILL REED, JR., Plaintiff-Appellant, v. NEW YORK PRESBYTERIAN HOSPITAL, ET…

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

Date published: Sep 23, 2003

308 A.D.2d 388 (N.Y. App. Div. 2003)

764 N.Y.S.2d 623

Opinion

1628

September 23, 2003.

Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered May 1, 2002, upon a jury verdict in defendants' favor, dismissing the complaint, unanimously affirmed, without costs.

Lawrence Bernstein, for plaintiff-appellant.

Christopher J. Porzio, for defendants-respondents.

Before: Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ.

The trial court properly denied plaintiff's motion, at the close of defendants' case, for a directed verdict on his cause of action for false imprisonment. The record discloses that the trial evidence raised numerous issues of fact and witness credibility with respect to defendants' claim of legal justification, which were properly left for the jury (see White v. Albany Med. Ctr. Hosp., 151 A.D.2d 859).

We have considered plaintiff's remaining arguments and find them unavailing.

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