Weintraub v. ZabotinskyWeintraub v. Zabotinsky
In an action to recover damages for personal injury arising out of alleged dental malpractice, the defendant Zabotinsky appeals from so much of a judgment of the Supreme Court, Kings County, entered December 19, 1961 after trial upon a jury’s verdict, as is in plaintiff’s favor against said defendant. Judgment, insofar as appealed from, reversed on the law; new trial granted as between plaintiff and the defendant Zabotinsky, with costs to abide the event; and action severed as against the defendant Rubin; The court has considered the questions of fact presented and has determined that it would not grant a new trial upon those questions. In his charge the Trial Justice instructed the jury to compensate the plaintiff for his injury “ in such amounts as you jurors feel you, yourselves, would like to be com