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KARASIK v. BIRD

98 A.D.2d 359 (1984)

Martin Karasik, Individually and as Administrator of The Estate of Gayle Karasik, Deceased, Appellant, v. Etta Bird et al., Respondents

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

January 12, 1984

Attorney(s) appearing for the Case

Michael Mantell for appellant.

Barbara Cass of counsel (Leonard Koerner with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

CARRO and MILONAS, JJ., concur with ALEXANDER, J.; MURPHY, P. J., dissents in an opinion; KUPFERMAN, J., concurs with MURPHY, P. J., in a separate opinion.

ALEXANDER, J.

In this wrongful death action, based upon the alleged medical malpractice of the defendants, the plaintiff-appellant Martin Karasik, widower and administrator of the estate of Gayle Karasik, the decedent, seeks a new trial, contending that the jury's determination that the defendant Etta Bird was not guilty of medical malpractice is against the weight of the credible evidence; that the court erred in refusing to allow the plaintiff's expert...

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