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DUFFY v. VOGEL

12 N.Y.3d 169 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

ELEANOR DUFFY, Appellant, v. JAMES M. VOGEL et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided March 31, 2009.

Attorney(s) appearing for the Case

Jonathan M. Landsman, New York City, for appellant.

Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City (Steven C. Mandell and Anthony J. Connors of counsel), for James M. Vogel, respondent.

Heidell, Pittoni, Murphy & Bach, LLP, New York City (Daniel S. Ratner and Daryl Paxson of counsel), for Allan J. Jacobs, respondent.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

At the conclusion of a long and complex trial during which plaintiff sought to prove that defendant physicians had committed malpractice by failing to detect, diagnose and properly treat a tumor situated in her pelvis, the jury returned a verdict evidently exonerating defendants while purporting to award damages "for the plaintiff" in the amount of $1.5 million. Shortly after the verdict, plaintiff requested that...

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