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MIDLER v. CRANE

No. 146 SSM 18.

14 N.Y.3d 877 (2010)

929 N.E.2d 397

903 N.Y.S.2d 334

SUSAN MIDLER, Respondent, v. RICHARD CRANE, M.D., Appellant.

Court of Appeals of New York.

Decided May 11, 2010.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Steven J. Ahmuty, Jr. , of counsel), for appellant.

Ruskin Moscou Faltischek , Uniondale ( Douglas A. Cooper of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial ordered.

We agree with the Appellate Division majority that, on the facts of this case, there was no inconsistency between the findings that defendant was not negligent in failing to diagnose the plaintiff's condition and that he was negligent in failing to monitor her. However, the jury's verdict was inconsistent in finding that defendant...

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