SWAVELY v. ZHOU

CA 10-02280.

86 A.D.3d 947 (2011)

927 N.Y.S.2d 271

2011 NY Slip Op 5887

WILLIAM G. SWAVELY, as Executor of the Estate of LORRAINE M. SWAVELY, Deceased, Appellant, v. ZHANDONG ZHOU, M.D., et al., Respondents.

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

Decided July 8, 2011.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the post-trial motion is granted, the verdict is set aside, the complaint is reinstated and a new trial is granted.

Memorandum: Plaintiff, as executor of the estate of his mother (decedent), appeals from an order in this medical malpractice action denying his motion pursuant to CPLR 4404 (a) seeking to set aside the jury verdict as inconsistent and against the...

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