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Steuber v. Rendelstein

267 A.D.2d 449 Court N.Y. App. Div. Decision date 1999-12-27 English

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p. 449
Deborah Steuber, Respondent, et al., Plaintiff, v Gertrud M. Rendelstein et al., Defendants, and Anthony F. Tramontana, Appellant.
[700 NYS2d 859]

—In an action to recover damages for medical malpractice, the defendant Anthony F. Tramontana appeals from a judgment of the Supreme Court, Richmond County (Cusick, J.), entered August 18, 1998, which, upon a jury verdict finding him to be 46% at fault and finding that the plaintiff Deborah Steuber suffered damages in the total sum of $1,500,000, is in favor of the plaintiff and against him in the principal sum of $690,000.

p. 450
Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant’s contentions, the jury verdict was not against the weight of the evidence (see, Nicastro v Park, 113 AD2d 129 ), and the award of damages did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]). Krausman, J. P., McGinity, Feuerstein and Smith, JJ., concur.

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