Appellate Division of the Supreme Court of New York, 1985

Chodos v. Flanzer

Appellate Division of the Supreme Court of New York · Decided March 11, 1985

109 A.D.2d 771; 486 N.Y.S.2d 86; 1985 N.Y. App. Div. LEXIS 47259

Cases that cite this one

18 later published cases cite this decision.

Altman v. Deepdale General Hospital (Appellate Division of the Supreme Court of New York 1986)
Lopez v. Skyliner Travel & Tour Bus Corp. (Appellate Division of the Supreme Court of New York 2021)
Roebuck v. Duprey (Appellate Division of the Supreme Court of New York 2000)
Yellitz v. Brooklyn Union Gas Co. (Appellate Division of the Supreme Court of New York 1997)
Rivera v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1990)
Lucas v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1990)
Furia v. Mellucci (Appellate Division of the Supreme Court of New York 1990)
Parmar v. Skinner (Appellate Division of the Supreme Court of New York 1989)
Smith v. Catholic Medical Center of Brooklyn & Queens, Inc. (Appellate Division of the Supreme Court of New York 1989)
Scott v. Mason (Appellate Division of the Supreme Court of New York 1989)
Seneca Dress Co. v. Bea-Jay Manufacturing Corp. (Appellate Division of the Supreme Court of New York 1989)
Donovan v. Capozzi (Appellate Division of the Supreme Court of New York 1988)
Guzman v. Saks Fifth Avenue Corp. (Appellate Division of the Supreme Court of New York 1988)
Stringile v. Rothman (Appellate Division of the Supreme Court of New York 1988)
Niedelman v. Jacoby (Appellate Division of the Supreme Court of New York 1987)
Heberer v. Nassau Hospital (Appellate Division of the Supreme Court of New York 1986)
Monaghan v. Yang (Appellate Division of the Supreme Court of New York 1986)
Norfleet v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In an action to recover damages for dental malpractice, plaintiffs appeal from a judgment of the Supreme Court, Kings County (Clemente, J.), dated March 21, 1983, which, upon a jury verdict, found in favor of defendant.

Judgment affirmed, with costs.

After extensive expert testimony concerning the procedures used by defendant in treating plaintiff wife’s periodontal disease, the jury found that defendant was not negligent. “The weight to be afforded the conflicting testimony of experts is a matter peculiarly within the province of the jury” (Sternemann v Langs, 93 AD2d 819). On this record, it cannot be said that the jury verdict is against the weight of the evidence (Cohen v Hallmark Cards, 45 NY2d 493; O'Boyle v Avis Rent-A-Car Sys., 78 AD2d 431; Palmeri v Spies, 69 AD2d 968; Haftel v Kestler, 53 AD2d 572).

Plaintiffs’ claim that the court should not have charged the jury on the issue of contributory negligence in mitigation of damages is without merit since there was a reasonable view of the evidence to support such a charge (Nallan v Helmsley-Spear, *772Inc., 50 NY2d 507). In any event, any error in the court’s contributory negligence charge would have been harmless. The verdict makes it clear that the issue of contributory negligence was never reached as the jury determined that plaintiffs failed to prove that defendant was negligent (Young v Hackett, 49 AD2d 1013; Benoit v Travaglini, 43 AD2d 587, affd 35 NY2d 799). O’Connor, J. P., Rubin, Lawrence and Eiber, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.