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APPLE v. JEWISH HOSP. AND MEDICAL CENTER

Nos. 713, 714, Dockets 86-6218, 86-6224.

829 F.2d 326 (1987)

Jean APPLE, As Administratrix of the Estate of Denise Smith, Deceased, Plaintiff-Appellee, v. JEWISH HOSPITAL AND MEDICAL CENTER, William Adel Aziz and The United States of America, Defendants-Appellees, William Adel Aziz, Defendant-Appellee, Cross-Appellant, Medical Liability Mutual Insurance Company, Defendant Intervenor Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

Michael A. Ellenberg, New York City (James H. Irish, LeBoeuf, Lamb, Leiby & MacRae, New York City, of counsel), for intervenor-appellant Medical Liability Mut. Ins. Co.

Michael I. Josephs, New York City (Garbarini, Scher & DeCicco, P.C., of counsel), for defendant-appellant William Adel Aziz.

Kathleen Haggerty, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee U.S. of America.

Alfred S. Julien, New York City (David B. Turret, Judith N. Reeves, Julien & Schlesinger, P.C., New York City, of counsel), filed a brief for plaintiff-appellee Jean Apple, as Administratrix of the Estate of Denise Smith, deceased.

Before CARDAMONE, WINTER and PRATT, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal encompasses two claims arising from the settlement of part, and trial of the remainder of, a medical malpractice action. Dr. William Adel Aziz appeals from so much of an October 1, 1986 order of the United States District Court for the Eastern District of New York (Costantino, J.) that denied his motion for a setoff from a jury award for the pain and suffering of decedent Denise Smith. Appellant seeks —

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