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ROBERTSON v. GREENSTEIN

308 A.D.2d 381 (2003)

764 N.Y.S.2d 413

MEGHAN ROBERTSON et al., Appellants, v. STUART GREENSTEIN, M.D., et al., Respondents.

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

Decided September 23, 2003.

The trial court improperly granted defendants' motion to set aside the jury's verdict in plaintiffs' favor in this medical malpractice action, since plaintiffs' medical expert had the requisite knowledge and was not required to have practiced the same specialty as defendant surgeon (Fuller v Preis, 35 N.Y.2d 425, 431 [1974]; Joswick v Lenox Hill Hosp., 161 A.D.2d 352, 355 [1990]).

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