MONAHAN v. WEICHERT


93 A.D.2d 984 (1983)

William F. Monahan, Individually and as Executor of Mary E. Monahan, Deceased, Appellant, v. Harold Weichert, Respondent

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

April 1, 1983


Order unanimously reversed, with costs, motion denied and judgment reinstated.

Memorandum:

In this action for medical malpractice, the jury found in favor of plaintiff, individually, in the sum of $330,000 and in favor of the estate of plaintiff's deceased wife in the sum of $70,000 for her derivative cause of action. Upon defendant's motion pursuant to CPLR 4404 (subd [a]) the court ordered a new trial unless defendant...

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