NUCCI v. PROPER


270 A.D.2d 816 (2000)

705 N.Y.S.2d 144

JOSEPH V. NUCCI, by His Guardian, LINDA NUCCI, et al., Respondents, v. GILBERT P. PROPER et al., Appellants. (Appeal No. 1.)

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

Decided March 29, 2000.


Order unanimously reversed on the law without costs, motion denied and verdict reinstated.

Memorandum:

Supreme Court erred in granting plaintiffs' motion to set aside the jury verdict of no cause of action and ordering a new trial. This medical malpractice action arises from the alleged failure of an anesthesiologist to monitor the condition of his patient, Joseph V. Nucci (plaintiff), following surgery. The alleged negligence of defendant Rochester General...

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