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Reiss v. Brookdale Hospital Medical Center

Citations: 245 A.D.2d 360; 666 N.Y.S.2d 438; 1997 N.Y. App. Div. LEXIS 12766

Court: Appellate Division of the Supreme Court of the State of New York; December 7, 1997; New York; State Appellate Court

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In a medical malpractice case, defendant Sol D. Neuhoff appeals a Supreme Court decision that (1) denied his motion to set aside a jury verdict and (2) resulted in a judgment against him for $1,113,500 in favor of the plaintiffs. The appeal from the order is dismissed because the right to appeal terminated with the judgment's entry. The court addressed the issues raised in the appeal from the order during the appeal of the judgment. The jury's verdict was supported by a fair interpretation of the evidence, and the court found no reason to set aside the verdict as against the weight of the evidence. Additionally, the jury's damage award was deemed reasonable and did not materially deviate from what would be considered appropriate compensation. The judgment was modified to remove Michael Reiss from the caption and the decretal paragraph, affirming the judgment in favor of Breindy Reiss as the parent and guardian of Rasha Reiss. The respondent is awarded one bill of costs.