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MADRIGAL v. MONTEFIORE MED. CTR.

Index No. 307949/10E. Appeal No. 12306. Case No. 2020-00608.

191 A.D.3d 407 (2021)

141 N.Y.S.3d 46

2021 NY Slip Op 00526

Blanca Madrigal, Appellant-Respondent, v. Montefiore Medical Center et al., Respondents-Appellants.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Bergstein & Ullrich, LLP, New Paltz ( Stephen Bergstein of counsel), for appellant-respondent.

Michelman & Robinson, LLP, New York ( Richard Reice of counsel), for respondents-appellants.

Concur— Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, JJ.

The evidence at trial supports the verdict for plaintiff on her claim for common-law battery based on an incident in which the jury found that defendant Ramos struck plaintiff with a telephone handset, and that verdict is not against the weight of the evidence (see Rodriguez v New York City Tr. Auth., 67 A.D.3d 511 [1st Dept 2009]; Jaffe v National League for Nursing,

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