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STEINER v. JONES

253 A.D.2d 382 (1998)

677 N.Y.S.2d 124

Mara Steiner et al., Respondents, v. Ira S. Jones, Appellant

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

August 20, 1998

In this medical malpractice action, the motion to set aside the verdict was properly granted, since the verdict in favor of the defendant was "contrary to the conclusion that might fairly have been reached on the basis of the evidence" (Nicastro v Park, 113 A.D.2d 129, 136). Defendant's records, which he admitted enumerated all procedures performed during surgery, indicate that the trabulectomy he performed upon the plaintiff did...

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