Opinion
November 19, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
In this action for medical malpractice, the court properly dismissed the complaint at the close of plaintiff's case, since there was no rational basis upon which the jury could have found in favor of plaintiff ( see, Storniolo v. Bauer, 176 A.D.2d 550, lv denied 79 N.Y.2d 752). The testimony adduced at trial, including that of plaintiff's medical expert, failed to show either that defendants' treatment of plaintiff deviated from accepted medical practice or that any such departure on the part of defendants was a substantial factor in causing the decedent's pain and suffering or subsequent death ( see, Mortensen v. Memorial Hosp., 105 A.D.2d 151).
Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.