BENLOSS v. ROAL DRUG CORP.


215 A.D.2d 423 (1995)

627 N.Y.S.2d 560

Claudia Benloss, Appellant, v. Roal Drug Corporation, Doing Business as Phannemiller Pharmacy, Respondent

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

May 8, 1995


Ordered that the judgment is affirmed, with costs.

The defendant pharmacy conceded its liability in misfilling a prescription that, when ingested by the plaintiff, caused bizarre behavior and caused the plaintiff to be monitored in the hospital for three days. However, contrary to the plaintiff's contention, the jury could properly find that the plaintiff suffered no compensable damages as a result of the ingestion of the pills (see, Leto v Isolano,...

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