KENNEDY v. CHILDREN'S HOSPITAL OF BUFFALO


288 A.D.2d 918 (2001)

732 N.Y.S.2d 326

MARY E. KENNEDY, Individually and as Parent and Natural Guardian of MAGGIE M. KENNEDY, an Infant, Appellant, v. CHILDREN'S HOSPITAL OF BUFFALO, Respondent. (Appeal No. 3.)

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

Decided November 9, 2001.


Judgment unanimously reversed in the interest of justice without costs, complaint reinstated and new trial granted.

Memorandum:

Plaintiff appeals from a judgment dismissing the complaint following a jury verdict of no cause of action. She contends that she was denied a fair trial by the misconduct of defendant's attorney. Although that contention is not preserved for our review (see, Califano v City of New York...

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