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FINNEGAN, JR. v. BROTHMAN

270 A.D.2d 808 (2000)

705 N.Y.S.2d 145

JOHN F. FINNEGAN, JR., et al., Appellants, v. MELVIN M. BROTHMAN, Respondent.

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

Decided March 29, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on first and second causes of action only in accordance with the following Memorandum: Supreme Court erred in granting that part of defendant's motion pursuant to CPLR 4401 for a directed verdict on the first and second causes of action alleging medical malpractice and negligence. John F. Finnegan, Jr. (plaintiff) received insurance benefits from New York Central Mutual Insurance...

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