SMITH v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER


299 A.D.2d 284 (2002)

749 N.Y.S.2d 869

MELVINA SMITH, Respondent, v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER, Appellant.

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

Decided November 26, 2002.


The award does not deviate materially from what is reasonable compensation (CPLR 5501 [c]), where the record fairly shows that the decedent was conscious after the malpractice that punctured his carotid artery, during which he was aware of the grotesque nature of the injury caused thereby and resulting need for emergency measures, and that he suffered...

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