Opinion
Argued October 31, 2000.
November 20, 2000.
In an action to recover damages for dental malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated September 9, 1999, which, upon a jury verdict, is in favor of the defendant and against them, dismissing the complaint.
Warren S. Hecht, Forest Hills, N.Y., for appellants.
L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Ralph A. Catalano of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiffs' contention that the verdict was not based on legally sufficient evidence is not preserved for appellate review, as it was never raised in the trial court (see, Matter of Star Leslie W., 63 N.Y.2d 136, 145; Nelson v. Times Sq. Stores Corp., 110 A.D.2d 691). In any event, the evidence provided the jury with a basis to rationally conclude that the defendant did not commit dental malpractice (see, Mirand v. City of New York, 84 N.Y.2d 44, 49-50; Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Altman v. Alpha Obstetrics and Gynecology, 255 A.D.2d 276, 277). The plaintiffs' contention that the verdict was against the weight of the evidence is also without merit, as the verdict was supported by a fair interpretation of the evidence (see, Voiclis v. International Assn. of Machinist and Aerospace Workers, Suffolk Lodge No. 1470, 239 A.D.2d 339; Corcoran v. People's Ambulette Serv., 237 A.D.2d 402, 403; Nicastro v. Park, 113 A.D.2d 129, 134).