Plaintiff No Caused After Month Long Trial
On March 14, 2023, after a month long trial in Queens County Supreme Court, before the Hon. Joseph J. Esposito, we were successful in obtaining a CPLR Rule 4401 motion for a directed verdict, for a physician defendant. The case, brought on behalf of a longtime deceased nursing home patient, focused on the medical management of a long time multiple sclerosis patient by the defendant physician. The basis of the successful CPLR Rule 4401 motion was the failure of plaintiff to put the requisite elements of a medical malpractice case before the jury, with regard to departure, alleged injury and causation.