| Lader v Sherman |
| 2009 NY Slip Op 00508 [58 AD3d 809] |
| January 27, 2009 |
| Appellate Division, Second Department |
| Micha Lader, Respondent, v Mark F. Sherman et al.,Appellants. |
—[*1] Warner & Scheuerman, New York, N.Y. (Jonathon D. Warner of counsel), forrespondent.
In an action to recover damages for medical malpractice, the defendants appeal from anorder of the Supreme Court, Queens County (Satterfield, J.), dated August 3, 2007, whichgranted the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the jury verdict as againstthe weight of the evidence and for a new trial.
Ordered that the order is affirmed, with costs.
A jury verdict should not be set aside as against the weight of the evidence unless the verdictcould not have been reached upon any fair interpretation of the evidence (see Lolik v Big VSupermarkets, 86 NY2d 744 [1995]; Nicastro v Park, 113 AD2d 129 [1985]). Here,the jury's finding that the defendant Mark F. Sherman departed from accepted medical practicein performing surgery on the plaintiff's left leg, but that the departure was not a proximate causeof the plaintiff's injuries, was against the weight of the evidence since the issues are soinextricably interwoven as to make it logically impossible to find a departure without alsofinding proximate cause (see Rodriguezv Elmont School Dist., 37 AD3d 448 [2007]; Garrett v Manaser, 8 AD3d 616 [2004]; Misa v Filancia, 2 AD3d 810[2003]).
The defendants' remaining contention is without merit. Spolzino, J.P., Covello, Balkin andBelen, JJ., concur.