ABREU v. FERRER


198 A.D.2d 150 (1993)

603 N.Y.S.2d 485

Adelaide Abreu, Appellant, v. Francis P. Ferrer, Jr., as Preliminary Executor of Francis P. Ferrer, Deceased, Respondent

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

November 23, 1993


In this medical malpractice action, because of both the egregiousness of the malpractice and the fundamental nature of the error, we are taking the extraordinary step of reversing a jury finding of no proximate injury, in the exercise of our discretion, on the basis of a palpably erroneous jury charge as to which no objection was made.

The jury found in response to interrogatories that Dr. Ferrer had committed malpractice in connection with his treatment of plaintiff...

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