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Smith v. Catholic Med. Center of Brooklyn

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1989
155 A.D.2d 435 (N.Y. App. Div. 1989)

Opinion

November 6, 1989

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

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

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Under the circumstances of this case, we conclude that the trial court submitted the appropriate theories of liability to the jury for their consideration.

Contrary to the plaintiff's contention the trial court did not commit error in refusing to charge the jury regarding the plaintiff's lack of culpable conduct, since it was not an issue in the case (see, Niedelman v Jacoby, 127 A.D.2d 640; Chodos v Flanzer, 109 A.D.2d 771).

Moreover, it cannot be said that the trial court erred in failing to advise the plaintiff's counsel regarding a reasonable sum he could suggest to the jury (cf., Braun v Ahmed, 127 A.D.2d 418). The record establishes that the plaintiff's counsel refused to suggest a reasonable figure to the court. Under the circumstances, the trial court was not obligated to provide the plaintiff's counsel with a reasonable figure (see, Braun v Ahmed, supra). In any event, the plaintiff was not prejudiced by the omission since her attorney ultimately did allude to an amount in summation.

Lastly, we agree with the trial court that the jury verdict was proper (see, Reger v Long Is. R.R. Co., 145 A.D.2d 618; Gines v Maimonides Med. Center, 137 A.D.2d 582). Lawrence, J.P., Rubin, Balletta and Rosenblatt, JJ., concur.


Summaries of

Smith v. Catholic Med. Center of Brooklyn

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1989
155 A.D.2d 435 (N.Y. App. Div. 1989)
Case details for

Smith v. Catholic Med. Center of Brooklyn

Case Details

Full title:MARGARET SMITH, Appellant-Respondent, v. CATHOLIC MEDICAL CENTER OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 1989

Citations

155 A.D.2d 435 (N.Y. App. Div. 1989)
547 N.Y.S.2d 96

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