Harrington v Berg

[*1] Harrington v Berg 2004 NY Slip Op 51488(U) Decided on December 1, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2004-735 W C NO. 2004-735 W C

MICHAEL HARRINGTON, Appellant, DR.

against

JASON BERG and VCA COUNTY ANIMAL CLINIC, Respondents.

Appeal by plaintiff from a judgment of the City Court of Yonkers, Westchester

County (M. Martinelli, J.), entered December 9, 2003, following the granting of a trial order of dismissal at the conclusion of plaintiff's case.

Judgment unanimously affirmed without costs.

In this veterinary malpractice action, plaintiff failed to offer any evidence to indicate that defendants' treatment was not in conformity with accepted veterinary
RE:MICHAEL HARRINGTON v DR. JASON BERG and

VCA COUNTY ANIMAL CLINIC
standards of practice (see Harrington v Levitzke, 2 Misc 3d 139[A], 2004 NY Slip Op 50277[U] [App Term, 2d & 11th Jud Dists]). Plaintiff also failed to establish any damages. Accordingly, [*2]the judgment should be affirmed.
Decision Date: December 01, 2004