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Reid v. Knorr

Appellate Division of the Supreme Court of New York, Second Department
May 1, 2000
272 A.D.2d 313 (N.Y. App. Div. 2000)

Opinion

Argued March 14, 2000.

May 1, 2000.

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LaTorella, J.), which, upon a jury verdict, and upon denying her motion pursuant to CPLR 4404(a) to set aside the verdict and for judgment in her favor as a matter of law, is in favor of the defendants and against her dismissing the complaint.

Joyce Morin Utz, New York, N.Y. (Jonathan I. Edelstein of counsel), for appellant.

Goetz Fitzpatrick Most Bruckman, LLP, New York, N.Y. (Ellen August of counsel), for respondents.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

A jury verdict will be set aside as legally insufficient only if there is no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusion reached by the jury on the basis of the evidence presented at trial (see, Roca v. Gerardi, 243 A.D.2d 616). The evidence adduced at trial did not so favor the plaintiff that the jury's verdict could not have been reached by any fair interpretation of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nicastro v. Park, 113 A.D.2d 129).

The plaintiff's remaining contentions are either unpreserved for appellate review or without merit.

BRACKEN, J.P., RITTER, KRAUSMAN and SMITH, JJ., concur.


Summaries of

Reid v. Knorr

Appellate Division of the Supreme Court of New York, Second Department
May 1, 2000
272 A.D.2d 313 (N.Y. App. Div. 2000)
Case details for

Reid v. Knorr

Case Details

Full title:Marcia Reid, appellant, v. William H. Knorr, etc., et al., respondents

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

Date published: May 1, 2000

Citations

272 A.D.2d 313 (N.Y. App. Div. 2000)
707 N.Y.S.2d 874