CRAYTON v. SHER

2016-01667. Index No. 600123/09.

167 A.D.3d 705 (2018)

89 N.Y.S.3d 299

2018 NY Slip Op 08461

Jerlene Crayton, Appellant, v. Gary Sher et al., Respondents.

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

Decided December 12, 2018.


Ordered that the judgment is reversed, on the law, with one bill of costs, and the matter is remitted to the Supreme Court, Nassau County, for a new trial.

The plaintiff commenced this medical malpractice action against the defendants Gary Sher, Winthrop University Hospital (hereinafter Winthrop), and others, after the plaintiff's decedent, Sally L. Jones, died several days after surgery. The evidence adduced at the jury trial established that on March 22, 2007, Jones...

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