REBECCA S. SERDANS, Plaintiff-res-ap, v. THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant-Appellant-res

832-833. REBECCA S. SERDANS, Plaintiff-res-ap, v. THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant-Appellant-res — Epstein Becker & Green, P.C., New York (Frank C. Morris, Jr. of the bar of District of Columbia and the State of Pennsylvania, admitted pro hac vice, of counsel), for appellant-res — Derek Smith Law Group, PLLC, New York (Derek T. Smith of counsel), for res-res — Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered September 11, 2015, upon a jury verdict awarding plaintiff the principal sum of $4,050,000 in compensatory and punitive damages, unanimously modified, on the law and the facts, to vacate the award of punitive damages, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered July 8, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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832-833. REBECCA S. SERDANS, Plaintiff-res-ap, v. THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant-Appellant-res — Epstein Becker & Green, P.C., New York (Frank C. Morris, Jr. of the bar of District of Columbia and the State of Pennsylvania, admitted pro hac vice, of counsel), for appellant-res — Derek Smith Law Group, PLLC, New York (Derek T. Smith of counsel), for res-res — Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered September 11, 2015, upon a jury verdict awarding plaintiff the principal sum of $4,050,000 in compensatory and punitive damages, unanimously modified, on the law and the facts, to vacate the award of punitive damages, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered July 8, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The liability verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see Cohen v. Hallmark Cards, 45 NY2d 493, 498-499 [1978]). Evidence of continued attempts by her supervisors to assign plaintiff to areas outside the cardio-thoracic intensive care unit (CTICU), combined with evidence that defendant cancelled her requests for shifts with increased frequency after granting her the accommodation allowing her to work exclusively in the CTICU, supports the jury’s conclusion that defendant failed to implement the agreed-upon accommodation.

REBECCA S. SERDANS, Plaintiff-res-ap, v. THE NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant-Appellant-res

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