Miller v. Galler

Nov 9, 2007
Appeal No. 1
Versions:45 A.D.3d 1325
844 N.Y.S.2d 759

JULIE MILLER, Individually and as Administrator of the Estate of CHARLES J. MILLER, Deceased, Appellant, v MARVIN GALLER, M.D., et al., Respondents. (Appeal No. 1.) [844 NYS2d 759]—Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 5, 2006 in a medical malpractice and wrongful death action. The order denied plaintiff‘s motion to set aside the jury verdict and direct judgment in favor of plaintiff or, in the alternative, grant a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.

JULIE MILLER, Individually and as Administrator of the Estate of CHARLES J. MILLER, Deceased, Appellant, v MARVIN GALLER, M.D., Respondent, et al., Defendant. (Appeal No. 2.) [846 NYS2d 493]—

Appeal from a judgment of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered April 26, 2006 in a medical malpractice and wrongful death action. The judgment, upon a jury verdict, dismissed the complaint against defendant Marvin Galler, M.D.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: In this medical malpractice and wrongful death action commenced by plaintiff individually and on behalf of her husband (decedent), plaintiff appeals from two judgments that, respectively, dismissed the complaint against defendants based on the jury‘s finding of no negligence on their part. We