Appellate Division of the Supreme Court of the State of New York June 14, 2004 (King v. McMillan)

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated September 21, 2002, which granted his motion pursuant to CPLR 4404 to set aside a jury verdict and to dismiss the complaint only to the extent of granting a new trial on the issue of damages unless the plaintiff stipulated to reduce the verdict from