CAPWELL v. MUSLIM

2009-06793.

80 A.D.3d 722 (2011)

915 N.Y.S.2d 617

SCOTT CAPWELL, Individually and as Administrator of the Estate of THERESA CAPWELL, Deceased, Respondent, v. ARIF M. MUSLIM, M.D., et al., Defendants, and WESTCHESTER COUNTY HEALTHCARE CORPORATION, Appellant.

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

Decided January 25, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

"Before granting a motion pursuant to CPLR 4404 (a) to set aside a verdict and for judgment as a matter of law, the trial court must conclude that there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial" (Perez v St. Vincents Hosp. & Med. Ctr. of N.Y.,<...

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