MARTELLY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


276 A.D.2d 373 (2000)

714 N.Y.S.2d 64

JUDY MARTELLY, an Infant, by Her Father and Natural Guardian, LESLY MARTELLY, et al., Respondents-Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant-Respondent.

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

Decided October 19, 2000.


We affirm the judgment for plaintiffs in this medical malpractice action as to liability. Any error by the trial court in admitting evidence concerning the birth of the infant plaintiff's younger sister was remedied when the trial court gave the jury a curative instruction explaining that such matters were no longer in evidence and were to be entirely disregarded in the jury's deliberations. Since the curative instruction was precise, readily understood, and given at the...

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