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WEINSTEIN v. NEW YORK HOSPITAL

280 A.D.2d 333 (2001)

720 N.Y.S.2d 475

LARRY WEINSTEIN, Respondent, v. NEW YORK HOSPITAL, Appellant, et al., Defendants.

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

Decided February 13, 2001.

The award for past pecuniary damages is vacated, on the law, since those expenses were paid for by plaintiff's mother, who was not legally obligated to do so and who did not assert a derivative claim (see, Bani-Esraili v Lerman, 69 N.Y.2d 807).

According deference to the jury's resolution of conflicting expert testimony (see, Hill v Liford, 215 A.D.2d 252...

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