Saccone v. Gross
Cases that cite this one
24 later published cases cite this decision.
- S.K., a legally incapacitated Minor by and through his Conservator, Thomas T. Tarbox v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C., and Mercy Hospital Iowa City and Jill Christine Goodman (Iowa 2024)
- S.K., a legally incapacitated Minor by and through his Conservator, Thomas T. Tarbox v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C., and Mercy Hospital Iowa City and Jill Christine Goodman (Iowa 2024)
- Doctors Company v. Plummer (Fla. Dist. Ct. App. 2017)
- W.O.R.C. Realty Corp. v. Board of Assessors (Appellate Division of the Supreme Court of New York 2012)
- W.O.R.C. Realty Corp. v. Board of Assessors (Appellate Division of the Supreme Court of New York 2012)
- Peconic Land Trust, Inc. v. Salvatore (New York Supreme Court, Suffolk County 2025)
- Shehata v. Koruthu (Appellate Division of the Supreme Court of New York 2022)
- Rucigay v. Wyckoff Hgts. Med. Ctr. (Appellate Division of the Supreme Court of New York 2021)
- People v. Nelson (Appellate Division of the Supreme Court of New York 2021)
- Houston v. Koszer (Appellate Division of the Supreme Court of New York 2019)
- Grandfeld II, LLC v. Kohl's Dept. Stores, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Aronov v. Kanarek (Appellate Division of the Supreme Court of New York 2018)
- Gangadeen v. Roman (Appellate Division of the Supreme Court of New York 2016)
- Ruggiero v. Ruggiero (Appellate Division of the Supreme Court of New York 2016)
- Gerald Gardner Wright, P.C. & Associates v. Champion Property Management, LLC (Appellate Division of the Supreme Court of New York 2015)
- Robinson v. Plaro Estates, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Hatzis v. Buchbinder (Appellate Division of the Supreme Court of New York 2013)
- Hatzis v. Buchbinder (Appellate Division of the Supreme Court of New York 2013)
- Taylor v. Haque (Appellate Division of the Supreme Court of New York 2012)
- Bailey v. Brookdale University Hospital & Medical Center (Appellate Division of the Supreme Court of New York 2012)
- Bailey v. Brookdale University Hospital & Medical Center (Appellate Division of the Supreme Court of New York 2012)
- Francis v. Leon D. DeMatteis Associates, LLC (Appellate Division of the Supreme Court of New York 2012)
- Francis v. Leon D. DeMatteis Associates, LLC (Appellate Division of the Supreme Court of New York 2012)
- Lolly v. Brookdale University Hospital & Medical Center (Appellate Division of the Supreme Court of New York 2011)
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 medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Flug, J.), entered March 12, 2010, which, upon a jury verdict, is in favor of the defendants Kokila B. Shah, Kokila B. Shah, M.D., EC., Usha Krishnamurthy, and Usha Krishnamurthy, M.D., EC., and against them, dismissing the complaint insofar as asserted against those defendants.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiffs contention, the facts adduced at trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur. The testimony did not give rise to an inference of negligence based upon the mere occurrence of the adverse event at issue (see Kambat v St. Francis Hosp., 89 NY2d 489, 494 [1997]; Sangiovanni v Koloski, 31 AD3d 422, 423 [2006]; Johnson v Farr, 268 AD2d 560 [2000]; Abbott v New Rochelle Hosp. Med. Ctr., 141 AD2d 589, 590 [1988]). Thus, the Supreme Court properly denied the plaintiffs request for a res ipsa loquitur charge.
The plaintiffs’ contention that the verdict was contrary to the weight of the evidence also is without merit. A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (see Mancusi v Setzen, 73 AD3d 992, 993 [2010]; Nicastro v Park, 113 AD2d 129, 134 [1985]). “ ‘The jury’s resolution of conflicting expert testimony is
The plaintiff was properly precluded from offering the Physicians’ Desk Reference into evidence because the proffered evidence constituted inadmissible hearsay (see Spensieri v Lasky, 94 NY2d 231, 234 [1999]; Hinlicky v Dreyfuss, 6 NY3d 636 [2006]; Winant v Carras, 208 AD2d 618, 620 [1994]). Mastro, J.R, Rivera, Austin and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.