Opinion
Argued May 26, 2000.
July 31, 2000.
In an action to recover damages for medical malpractice, etc., the plaintiff Enrico Cicalese appeals from a judgment of the Supreme Court, Kings County (Spodek, J.), dated May 19, 1999, which, upon a jury verdict on the issue of liability, is in favor of the defendant and against him dismissing the complaint.
Albert J. Brackley, Brooklyn, N.Y. (Max D. Leifer and Ira H. Zuckerman of counsel), for appellant.
Dwyer Taglia (Mauro Goldberg Lilling, LLP, Great Neck, N Y [Kenneth Mauro, Timothy R. Capowski, and Katherine Herr-Solomon] of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The standard to be applied on a challenge to a jury verdict in favor of the defendant based on the weight of the evidence is whether the evidence preponderates so greatly in the plaintiff's favor that the verdict could not have been reached upon any fair interpretation of the evidence. In making that determination, great deference must be accorded to the fact-finding function of the jury (see, e.g., Cucuzza v. New York City Tr. Auth., 251 A.D.2d 445; Torrillo v. Command Bus Co., 206 A.D.2d 520; Tarantino v. Vanguard Leasing Co., 187 A.D.2d 422; Columbia v. Horowitz, 162 A.D.2d 579; Varsi v. Stoll, 161 A.D.2d 590; Birnbaum v. All-State Vehicle, 139 A.D.2d 553; Nicastro v. Park, 113 A.D.2d 129).
Here, the verdict is supported by the weight of the credible evidence (cf., Cicalese v. Caruana, 250 A.D.2d 568).
The appellant's remaining contentions are without merit.