GARCIA v. DOLICH

2455, 28912/01

71 A.D.3d 592 (2010)

896 N.Y.S.2d 868

CARMEN GARCIA, Appellant, v. BARRY DOLICH, M.D., Respondent.

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

Decided March 30, 2010.


Despite ample evidence supporting the jury's finding that defendant was not negligent in treating plaintiff, she attributes the jury's rejection of her position largely to defense counsel's summation, claiming it was permeated with prejudicial comments intended to destroy her character and credibility and that of her expert witnesses. Notwithstanding an occasionally injudicious remark, the fact remains that counsel's summation, when viewed in the context of the entire trial...

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