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Bongiovanni v. Staten Island Medical Group, P.C.

Other Lower Courts

April 27, 2001

Gaetano Bongiovanni et al., Plaintiffs,
v.
Staten Island Medical Group, P. C., et al., Defendants.

COUNSEL

LoPresti & Birzon for defendants.

Friedman & Friedman for plaintiffs.

Page 363

OPINION

Joseph J. Maltese, J.

The issue presented is when shall a collateral source payment hearing in accordance with CPLR 4545 be requested.

Facts

Immediately after the return of the $2.1 million jury verdict [*] in a medical malpractice action on March 20, 2001, the defense counsel requested time to make a posttrial motion in accordance with CPLR 4404 to set aside the jury verdict. This Court permitted the defense counsel to reduce to writing his posttrial motion and established April 19, 2001 as the return date for such motion.

On April 3, 2001, 14 days after the verdict, the defense served upon the Court and opposing counsel a motion to set aside the verdict against the defendants on the grounds that:

1. The plaintiffs failed to make out a prima facie case against the defendants;

2. The verdict was contrary to the weight of the evidence;

3. The verdict should be reduced or a new damages trial ordered due to the excessive and contrary weight of the evidence; and

4. For such other and further relief as to this Court is just and proper under the circumstances.

On April 11, 2001 the plaintiffs' counsel served and filed her affirmation in opposition. On the motion return date, April 19, 2001, the defendants' counsel presented the Court and the plaintiffs' counsel with written citations to jury verdicts in cases in response to the list attached to plaintiffs' affirmation ...


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