Citation Codes Equivalent Citations citation codes Docket Number No. 146 SSM 18. Attorney(S) Shaub, Ahmuty, Citrin Spratt, LLP, Lake Success Steven J. Ahmuty, Jr., of counsel), for appellant. Ruskin Moscou Faltischek, Uniondale ( Douglas A. Cooper of counsel), for respondent. See more information ... Smart Summary Please sign up to generate summary. SUSAN MIDLER, Respondent, v. RICHARD CRANE, M.D., Appellant. OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and a new trial ordered. We agree with the Appellate Division majority that, on the facts of this case, there was no inconsistency between the findings that defendant was not negligent in failing to diagnose the plaintiffs condition and that he was negligent in failing to monitor her. However, the jury's verdict was inconsistent in finding that defendant's failure to monitor the patient was a substantial factor in causing her injury, while the negligence of a nonparty, Dr. Curtis, in failing to transmit his urinalysis results to defendant was not. On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order reversed, etc.