DYKSTRA v. AVALON RESTAURANT RENOVATIONS, INC.


60 A.D.3d 446 (2009)

875 N.Y.S.2d 29

HEATH DYKSTRA, Respondent, v. AVALON RESTAURANT RENOVATIONS, INC., et al., Defendants, and NEW YORK CITY HEALTH & HOSPITALS CORPORATION (BELLEVUE HOSPITAL CENTER), Appellant.

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

Decided March 10, 2009.


The verdict is not against the weight of the evidence. Plaintiff's expert, a general surgeon with a subspecialty in vascular surgery, was not required to have practiced in the specific specialty of orthopedic surgery since he had the requisite knowledge regarding general practices for preventing blood clots during surgery (see Robertson v Greenstein, 308 A.D.2d 381, 382 [2003], lv dismissed 2 N.Y.3d 759

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