MERTSARIS v. 73RD CORP.


105 A.D.2d 67 (1984)

Hippocrates Mertsaris et al., Respondents, v. 73rd Corp., Doing Business as Physicians' Hospital, et al., Appellants, and Constantine A. Gotsis, Respondent, et al., Defendants

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

December 17, 1984


Attorney(s) appearing for the Case

Morris, Duffy, Ivone & Jensen (Patricia D'Alvia, Michael T. Ivone and Andrea M. Alonso of counsel), for 73rd Corp., appellant.

Martin, Clearwater & Bell (Neill T. DeTolla and John L. A. Lyddane of counsel), for Francis S. DiFabio, appellant.

Deffina, Blau & LoPresti, P. C. (Steven Bennett Blau of counsel), for Nicholas B. Arabos, appellant, and Emmanuel Vernadakis, defendant.

Schneider, Kleinick & Weitz, P. C. (Harvey Weitz and Brian J. Shoot of counsel), for respondents.

Schiavetti, Begos & Nicholson (Norman Bard, Sandra Krevitsky and Stephen Geisler of counsel), for Constantine A. Gotsis, respondent.

GIBBONS and RUBIN, JJ., concur with O'CONNOR, J.; TITONE, J. P., concurs in the result, with a separate opinion.


O'CONNOR, J.

In this medical malpractice action, the jury concluded that the departures of three defendants from accepted medical standards were the proximate cause of the infant plaintiff's athetoid cerebral palsy and awarded damages in the principal sum of $7,500,000. We now hold that the jury's verdict as to some of the theories submitted with respect to these three defendants was not supported by the evidence...

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