REDISH v. ADLER

Index No. 310294/11. Appeal Nos. 14003-14003A & M-1202. Case No. 2020-01297. 2020-02923.

195 A.D.3d 452 (2021)

2021 NY Slip Op 03534

Keimoneia Redish, Respondent, v. Darryl Adler, M.D., et al., Appellants.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow ( Gregory A. Cascino of counsel), for Darryl Adler, M.D., Richard Stumacher, M.D., and the Estate of Ronald L. Ciubotaru by the Public Administrator of Westchester County, appellants.

Garbarini & Scher, P.C., New York ( William D. Buckley of counsel), for St. Barnabas Hospital, appellant.

Mauro Lilling Naparty, LLP, Woodbury ( Seth M. Weinberg of counsel), for Abdurham Ahmed, M.D., appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

James E. Johnson , Corporation Counsel, New York ( Richard Dearing and Devin Slack of counsel), for the City of New York, amicus curiae.

Lisa Bova-Hiatt , New York City Housing Authority, New York, for New York City Housing Authority, amicus curiae.

Malaby & Bradley, LLC, New York ( Robert C. Malaby and Maryellen Connor of counsel), Mark A. Behrens , Washington, DC (of the bar of the District of Columbia, admitted pro hac vice) and Cary Silverman , Washington, DC (of the bar of the District of Columbia, admitted pro hac vice), for American Medical Association, Medical Society of the State of New York, Business Council of New York State, Lawsuit Reform Alliance of New York, Building Trades Employers Association, Associated General Contractors of New York State, New York State Association for Affordable Housing, Trucking Association of New York, New York Insurance Association, Inc., MLMIC Insurance Company, NFIB Small Business Legal Center, American Trucking Associations, Inc., Coalition for Litigation Justice, Inc., American Property Casualty Insurance Association and National Association of Mutual Insurance Companies, amici curiae.

Cullen and Dykman, LLP, New York ( Adrienne Yaron , Olivia M. Gross , John Sparling , Christopher E. Ruggiero and Michael E. Joseph of counsel), for Turner Construction Company, Skanska USA Building Inc., Gilbane Building Company, Tishman Construction Corporation and The Associated General Contractors of New York State, amici curiae.

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


The jury verdict that the doctor defendants departed from good and accepted medical practice in their treatment of plaintiff after she was admitted to the hospital for an asthma attack and that their departures were a substantial factor in causing her brain injury was supported by legally sufficient evidence and was not against the weight of the evidence (see generally Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). Plaintiff...

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