LEVIN v. CARBONE


277 A.D.2d 951 (2000)

715 N.Y.S.2d 557

SANDRA M. LEVIN, Respondent, v. JOSEPH L. CARBONE, Individually and Doing Business as ROCHESTER FOOT CARE ASSOCIATES, Appellant. (Appeal No. 1.)

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

Decided November 13, 2000.


Order and judgment reversed on the law without costs, motions denied and verdict reinstated.

Memorandum:

Defendant contends that Supreme Court erred in setting aside the jury's verdict and directing a verdict on liability in plaintiff's favor. We agree.

Defendant performed surgery on plaintiff to remove a neuroma on her foot. The surgical wound subsequently became infected. Plaintiff commenced this medical malpractice action alleging that defendant...

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