Midler v. Crane

May 11, 2010
146 SSM 18
Versions:14 N.Y.3d 877
929 N.E.2d 397
903 N.Y.S.2d 334

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and a new trial ordered.

We agree with the Appellate Division majority that, on the facts of this case, there was no inconsistency between the findings that defendant was not negligent in failing to diagnose the plaintiffs condition and that he was negligent in failing to monitor her. However, the jury’s verdict was inconsistent in finding that defendant’s failure to monitor the patient was a substantial factor in causing her injury, while the negligence of a nonparty, Dr. Curtis, in failing to transmit his urinalysis results to defendant was not.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

*880 On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.