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Monohan v. Bergamini

24 A.D.2d 522 Court N.Y. App. Div. Decision date 1965-06-07 English

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p. 522
(June 7, 1965)
Daniel T. Monohan, Jr., Respondent, v. Herbert M. Bergamini, Defendant, and Mahlon H. Atkinson, Appellant.

Appeal by-defendant, from a judgment of the- Supreme Court entered, upon. the. verdict of a jury in. a. malpractice action. The issues of the. defendant’s alleged malpractice and of proximate, causation of the plaintiff’s injuries, by the. malpractice alleged presented questions, of fact- which properly were, submitted to.

p. 523
the jury. The verdict was not against the weight o£ the evidence and, while substantial in amount, was not excessive in relation to the damages sustained. Judgment affirmed, with costs. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.