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PIPITONE v. ZWEIG

186 A.D.2d 73 (1992)

Nese Pipitone et al., Respondents, v. Julian Zweig et al., Defendants, Hospital for Joint Diseases, Appellant, and M.R. Pachter, Respondent. (And Three Third-Party Actions.)

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

September 24, 1992

In this action for personal injuries, all the parties stipulated to a settlement guaranteeing payment to plaintiffs in the amount of $2,750,000 with a proviso for apportionment should the defendants be unable to do so between themselves. We find that the jury's verdict was not against the weight of the evidence (Yalkut v City of New York, 162 A.D.2d 185). Ample evidence supports a finding that the delay in diagnosing plaintiff's...

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