Appellate Division of the Supreme Court of New York, 1972

Browne v. Brooklyn Eye & Ear Hospital

Browne v. Brooklyn Eye & Ear Hospital
Appellate Division of the Supreme Court of New York · Decided June 19, 1972
39 A.D.2d 956; 334 N.Y.S.2d 365; 1972 N.Y. App. Div. LEXIS 4265
Browne v. Brooklyn Eye & Ear Hospital

Opinion of the Court

In a medical malpractice action to recover damages for personal injuries, defendant Brooklyn Eye and Ear Hospital appeals from an order of the Supreme Court, Kings County, dated July 7, 1971, which granted plaintiff’s motion to set aside a jury verdict in favor of said defendant, as against the weight of the evidence, and granted a new trial. Order reversed, without costs, motion denied and jury verdict reinstated. In our judgment, the verdict in favor of defendant was neither against the weight of the evidence nor improperly influenced by the charge of the trial court to the jury. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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