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COHEN v. LEVIN

110 Misc.2d 464 (1981)

David Cohen, an Infant by His Father and Natural Guardian, Stanley Cohen, Plaintiff, v. Alfred C. Levin et al., Defendants.

Supreme Court, Trial Term, Queens County.

July 1, 1981

Attorney(s) appearing for the Case

Kramer, Dillof, Tessel, Duffy & Moore (Thomas A. Moore and Charles F. McGuire of counsel), for plaintiff. Fisher, Kelly, Wassner & Fallon (Bruce Wassner and Norman Bard of counsel), for Alfred C. Levin, defendant. Bower & Gardner (James Brown of counsel), and Siff & Newman, P. C. (Thomas R. Newman, L. Kevin Sheridan and Steven Di Joseph of counsel), for Booth Memorial Medical Center, defendant.

ARTHUR W. LONSCHEIN, J.

In this medical malpractice action, the jury reported a plaintiff's verdict against both defendants, in the total sum of $2,930,000, apportioning liability on the basis of 75% against the defendant Levin and 25% against the defendant Booth Memorial Medical Center. When the jury was polled, it was found that the verdict was not unanimous on any of the issues. Juror number 4 voted for liability on the hospital, but did not join in...

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