WILSON v. KANE


229 A.D.2d 434 (1996)

644 N.Y.S.2d 908

Gloria Wilson et al., Respondents, v. George Kane et al., Appellants

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

July 8, 1996


Ordered that the judgment is reversed, on the law, with costs, and a new trial is granted on the issue of damages only. The findings of fact as to liability are affirmed.

We agree with the defendants that "[o]n this record [they were] entitled to have the jury consider, in mitigation of damages, whether there was any negligence on the part of the plaintiff * * * subsequent to the alleged malpractice" (Dunn v Catholic Med. Ctr., 55 A.D.2d 597...

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