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NICASTRO v. PARK

113 A.D.2d 129 (1985)

Dorothy Nicastro, Individually and as Administratrix of The Estate of Alexander Nicastro, Deceased, Respondent, v. Marion Park, as Executrix of Fred E. Park, Deceased, et al., Appellants, and Brunswick Hospital Center et al., Respondents

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

November 12, 1985

Attorney(s) appearing for the Case

Rivkin, Leff, Sherman & Radler (Frank L. Amoroso and Nancy K. Eisner of counsel), for Marion Park, appellant.

Kelly, Rode, Kelly & Burke (Joseph A. Suozzi and Daniel M. Kolko of counsel), for Barbara S. Mermelstein, appellant.

Shayne, Dachs, Stanisci & Corker (Norman H. Dachs and Steven M. Jaeger on the brief), for Dorothy Nicastro, respondent.

Diamond, Rutman & Costello (Seligson, Rothman & Rothman [Martin S. Rothman, Mitchell R. Block and Alyne I. Diamond] of counsel), for Brunswick Hospital Center, respondent.

MANGANO, BRACKEN and NIEHOFF, JJ., concur.

LAZER, J. P.

Resolution of these appeals involves the proper standard to be applied by a trial court in deciding a motion to set aside a jury verdict as contrary to the weight of the evidence. At specific issue is the correctness of the trial court's grant of a motion to set aside a jury's verdict in favor of appellants in a medical malpractice action in which it was claimed that the death of Alexander Nicastro...

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