DE CICCO v. METHODIST HOSP. OF BROOKLYN


74 A.D.2d 593 (1980)

Richard A. De Cicco, Respondent, v. Methodist Hospital of Brooklyn, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 11, 1980


Appeal from the order dismissed as academic, without costs or disbursements. Plaintiff has conceded on this appeal that the judgment should be deemed reduced by the amount of the insurance payment. Judgment reversed, without costs or disbursements, and as between plaintiff and defendant Methodist Hospital of Brooklyn, action severed and new trial granted limited to the issue of damages only.

In his summation, plaintiff's counsel posed a series of rhetorical questions...

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