Fils v Stanford

Fils v Stanford 2012 NY Slip Op 06777 Decided on October 10, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2011-04575
(Index No. 26532/07)

[*1]Junette Fils, et al., appellants,

v

Karen Stanford, etc., respondent.




Dean Lakis, Roslyn Heights, N.Y., for appellants.
Morris Duffy Alonso & Faley, New York, N.Y. (Anna J.
Ervolina of counsel), for respondent.


DECISION & ORDER

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Weston, J.), entered February 24, 2011, which, upon a jury verdict, is in favor of the defendant and against them, dismissing the complaint.

ORDERED that the judgment is affirmed, with costs.

"A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence" (Cherisol v Resnik, 85 AD3d 705; see Palermo v Original California Taqueria, Inc., 72 AD3d 917, 918). Here, the jury's determination that the defendant did not depart from good and accepted medical practice by performing a surgical biopsy instead of a stereotactic biopsy was based upon a fair interpretation of the evidence presented at trial and, thus, it will not be disturbed (see Nelson v Schwartz, 90 AD3d 626; Cherisol v Resnik, 85 AD3d at 705-706).

The plaintiffs' remaining contention is without merit.
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court