WALDMAN v. COHEN


125 A.D.2d 116 (1987)

Sandra M. Waldman, Appellant, v. Maurice Cohen et al., Respondents

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

February 23, 1987


Attorney(s) appearing for the Case

Levy, Phillips & Konigsberg (Steven J. Phillips and Diane Paolicelli of counsel), for appellant.

Ivone, Devine & Jensen (Robert Devine of counsel), for respondents.

WEINSTEIN, J. P., RUBIN and EIBER, JJ., concur.


SPATT, J.

In a civil case, a verdict rendered by a jury consisting of fewer than six jurors is a nullity in the absence of consent by all parties.

I

This medical malpractice suit arises from the defendants' alleged negligent treatment of the 27-year-old, childless plaintiff for a cancerous cyst on her ovary resulting in a total hysterectomy. The trial lasted in excess of three weeks. Unfortunately...

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