Feldman v. Susan M. Levine, M.D.
Opinion of the Court
Accordingly, defendant’s motion for judgment notwithstanding the verdict should have been denied. It cannot be said that “there is simply no valid line of reasoning and permissible inferences which could possibly lead rational men to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Here, there is evidence from which the jury reasonably could have concluded that the delay in diagnosis and treatment of the decedent’s lung cancer caused her pain and suffering, diminished her chance of survival and hastened her death (see Schaub v Cooper, 34 AD3d 268 [2006]). Concur — Gonzalez, EJ., Friedman, Moskowitz, Acosta and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.