New York Court of Appeals
Nancy Nestorowich v. John J. Ricotta…
February 14, 200297 N.Y.2d 393
Summary
The Court held that the trial court erred in giving an "error in judgment" instruction because there was no choice among medically acceptable alternatives, but found the error harmless and affirmed the Appellate Division's judgment; a dissent argued the error was not harmless and called for a new trial.