OSORIO v. NEW YORK CITY HEALTH & HOSPS. CORP.

2018-14537, 2019-07307. Index No. 708187/14.

211 A.D.3d 842 (2022)

2022 NY Slip Op 07072

Mario Osorio et al., Appellants, v. New York City Health and Hospitals Corporation et al., Respondents.

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

Decided December 14, 2022.


Attorney(s) appearing for the Case

Appell & Parrinelli, New York, NY ( John J. Appell of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Scott Shorr and Janet L. Zaleon of counsel), for respondents.

Barros, J.P., Rivera, Chambers and Dowling, JJ., concur.


In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered December 4, 2018, and (2) a judgment of the same court entered May 16, 2019. The order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 4404(a) to set aside a jury verdict and for judgment as a matter of law dismissing the complaint. The judgment, upon...

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