Holstein v. Community General Hospital of Greater Syracuse

Memorandum:

Plaintiff commenced this medical malpractice action seeking damages for injuries she sustained based on the negligence of defendant’s employee. We reject defendant’s contention that Supreme Court erred in denying its motion to set aside the jury verdict and for a new trial pursuant to CPLR 4404 (a). Contrary to defendant’s contention, we conclude that the verdict is not against the weight of the evidence, inasmuch as the evidence did not “ ‘so preponderate[ ] in favor of the [defendant] that [the verdict] could not have been reached on any fair interpretation of the evidence’ ”…