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Suarez v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 287 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

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


Ordered that the judgment is affirmed, with costs.

The plaintiffs argue that the trial court's failure to submit a special verdict sheet to the jury (see generally, CPLR 4111) was prejudicial and requires a new trial. In this case, while it may have been preferable for the court to have submitted a special verdict sheet in light of the various departures from accepted medical practice alleged by the plaintiffs (see, e.g., Schabe v. Hampton Bays Union Free School Dist., 103 A.D.2d 418, 427), nevertheless, the error does not require reversal and a new trial. The court clearly informed the jury of each alleged departure and emphasized that the jury was only required to find one departure to hold the defendant liable.

Since the jury found that the defendant had committed no departure from accepted medical practice and its verdict is supported by the weight of the credible evidence, there was no prejudice stemming from the failure to submit a special verdict sheet. Balletta, J.P., O'Brien, Altman and Krausman, JJ., concur.


Summaries of

Suarez v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 287 (N.Y. App. Div. 1995)
Case details for

Suarez v. New York City Health and Hospitals

Case Details

Full title:PAULA SUAREZ et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 287 (N.Y. App. Div. 1995)
628 N.Y.S.2d 161