RUSSO v. LEVAT

2014-10593, Index No. 23220/10.

143 A.D.3d 966 (2016)

2016 NY Slip Op 07014

MICHAEL RUSSO, Individually and as Administrator of the Estate of BARBARA RUSSO, Deceased, Respondent, v. JAY LEVAT, M.D., et al., Respondents.

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

Decided October 26, 2016.


Ordered that the order is reversed, on the facts, with one bill of costs payable to the defendants appearing separately and filing separate briefs, the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the jury verdict in favor of the defendants and against him on the issue of liability and for a new trial is denied, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate judgment.

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