Narrative Opinion Summary
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, addressed the appeal of Ginger Kurtz, as parent and natural guardian of Samantha Mandarino, against John J. Poirier. The appeal stemmed from an order issued on April 10, 2014, by the Supreme Court in Onondaga County, which denied Kurtz's motion to set aside a jury verdict that resulted in a finding of no cause of action. The appellate court unanimously dismissed the appeal without costs, referencing precedent from *Smith v Catholic Med. Ctr. of Brooklyn, Queens* and relevant provisions of CPLR 5501. The dismissal effectively upholds the original jury verdict and the lower court's decision.
Legal Issues Addressed
Appeal Dismissal Standardssubscribe to see similar legal issues
Application: The appellate court applies precedent and specific provisions of CPLR 5501 to dismiss an appeal without costs, thereby affirming the lower court's decision.
Reasoning: The appellate court unanimously dismissed the appeal without costs, referencing precedent from *Smith v Catholic Med. Ctr. of Brooklyn, Queens* and relevant provisions of CPLR 5501.
Jury Verdict Challengessubscribe to see similar legal issues
Application: The appellate court addresses a motion to set aside a jury verdict, ultimately upholding the jury's finding of no cause of action by denying the motion.
Reasoning: The appeal stemmed from an order issued on April 10, 2014, by the Supreme Court in Onondaga County, which denied Kurtz's motion to set aside a jury verdict that resulted in a finding of no cause of action.
Upholding Lower Court Decisionssubscribe to see similar legal issues
Application: The appellate court's dismissal maintains the integrity of the original jury verdict and the decision of the Supreme Court in Onondaga County.
Reasoning: The dismissal effectively upholds the original jury verdict and the lower court's decision.