Alexandrina Bruce v. Hospital for Special Surgery

Clear that the finding implicit in the jury's verdict that the operation was performed by defendant Dr. Sbarboro is against
the weight of the evidence. There was insufficient evidence presented which would permit a finding by the jury that Dr. Sbarboro
did the operation (see Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241). Furthermore, we are of the opinion that it was
an improvident exercise of discretion to refuse appellant's request for a three-week adjournment so that it would have Dr.
Sbarboro as a witness.