COLLINS v. NEW YORK HOSP.


78 A.D.2d 813 (1980)

Thomas Collins et al., Respondents-Appellants, v. New York Hospital et al., Defendants, David Gerber et al., Respondents, and Massapequa Hospital, Appellant-Respondent

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

November 18, 1980


Reversed, on the facts as against the weight of the credible evidence, and the case remitted to that court for a new trial, without costs.

We are told by the Court of Appeals (p 967) that the evidence "was sufficient * * * to support the jury's verdict against the defendant * * * Hospital." However, the weight of the evidence was to the contrary, there having been impressive medical evidence as to the difficulty of performing a certain radiographic test on the infant...

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