PIOTROWSKI v. PATEL, M.D.


288 A.D.2d 918 (2001)

733 N.Y.S.2d 670

VIOLA PIOTROWSKI et al., Appellants, v. DILIP J. PATEL, M.D., Respondent et al., Defendants. (Appeal No. 1.)

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

Decided November 9, 2001.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion to set aside the verdict and for a new trial (see, CPLR 4404 [a]) based upon the allegedly false testimony of defendant's expert witness. Plaintiffs failed to establish that the evidence supporting their motion could not have been discovered earlier with due diligence or that the "evidence is `of such a nature, and is so positive and convincing...

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