Opinion
2012-10-10
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.
Dean Lakis, Roslyn Heights, N.Y., for appellants. Morris Duffy Alonso & Faley, New York, N.Y. (Anna J. Ervolina of counsel), for respondent.
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 A.D.3d 705, 924 N.Y.S.2d 847;see Palermo v. Original California Taqueria, Inc., 72 A.D.3d 917, 918, 898 N.Y.S.2d 502). 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 *679evidence presented at trial and, thus, it will not be disturbed ( see Nelson v. Schwartz, 90 A.D.3d 626, 933 N.Y.S.2d 880;Cherisol v. Resnik, 85 A.D.3d at 705–706, 924 N.Y.S.2d 847).
The plaintiffs' remaining contention is without merit.