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ALTMAN-FIDER v. GERSHON

Tuesday, February 26, 2002

Supreme Court
New York County

IA PART 6

Justice Bransten
ALTMAN-FIDER v. GERSHON " In this dental malpractice action the jury returned a verdict in favor of plaintiff Marilyn Altman-Fider and against .....

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Tuesday, February 26, 2002

Supreme Court

New York County

IA PART 6

Justice Bransten
ALTMAN-FIDER v. GERSHON ” In this dental malpractice action the jury returned a verdict in favor of plaintiff Marilyn Altman-Fider and against Dr. Roger M. Gershon, concluding that Dr. Gershon departed from accepted practice in his installation of an implant crown on tooth number 2 and that the departure was a substantial factor in causing plaintiff injury. The jury awarded plaintiff $3,400 for her dental expenses and $50,000 for past pain and suffering. The jury rejected imposition of liability, however, in connection with treatment of teeth numbered 5, 7, 8, 9, 10, 11, 20 and 31.

Defendant now moves, pursuant to CPLR 4404(a), for a new trial, or, in the alternative, to reduce the verdict on the grounds that the award is excessive and unsupported by the evidence. Arguing that the verdict sheet and jury interrogatories were confusing, plaintiff cross-moves for a new trial or for an order setting aside portions of the verdict, directing that a judgment be entered in her favor and increasing the verdict.

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