Kelly Krechmer v Mark Mintzer

Krechmer v Mintzer 2004 NY Slip Op 03679 [7 AD3d 284] May 6, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 28, 2004

Kelly Krechmer, Respondent,
v
Mark Mintzer, D.M.D., et al., Appellants.

—[*1]Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered April 24, 2003, which, after a jury trial, awarded plaintiff the principal sum of $230,450, unanimously affirmed, with costs.

The jury was entitled to resolve questions of credibility and conflicting expert testimony, and concluded that the appliance fit plaintiff improperly when first made. There is no basis for setting aside the verdict. Furthermore, the amount of damages did not deviate materially from what is reasonable compensation under these circumstances.

We have considered defendants' remaining arguments and find them unavailing. Concur—Tom, J.P., Saxe, Lerner, Marlow and Gonzalez, JJ.