RIVERA v. GREENSTEIN

2547, 26799/04.

79 A.D.3d 564 (2010)

914 N.Y.S.2d 94

WANDA RIVERA et al., Appellants-Respondents, v. DEBRA GREENSTEIN, M.D., et al., Respondents-Appellants, et al., Defendant.

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

Decided December 16, 2010.


This is a medical malpractice action. Plaintiffs claim defendants' alleged failure to diagnose and treat the infant decedent for myocarditis1 resulted in his death. After the jury rendered a verdict in favor of plaintiffs, the trial court directed a new trial as to damages unless plaintiffs stipulated to reduce the jury's $3,000,000 pain and suffering award to $150,000. Plaintiffs appealed the trial court's determination as to the pain and suffering...

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