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DIAZ v. LENOX HILL HOSP.

173 A.D.2d 165 (1991)

Jack Diaz, an Infant, by His Mother and Natural Guardian, Judith Diaz, et al., Respondents, v. Lenox Hill Hospital, Defendant, Richard Boiardo, Respondent, and Martin A. Posner, Appellant

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

May 2, 1991

It cannot be said that the jury's verdict finding that defendant Posner was liable for failure to perform a "delayed primary" surgical procedure lacks the support of any fair interpretation of the evidence (see, Delgado v Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643). Given Dr. Posner's responsibility for training residents at the hand clinic, together with the fact that Dr....

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