Scibelli v. Herman

The Supreme Court correctly denied the motion of the defendant Total Dental Care of Suffolk, P.C. (hereinafter Total Dental), pursuant to CFLR 4404 (a) to set aside the jury verdict. The court’s marshaling of evidence in its charge to the jury was balanced (see People v Barren, 240 AD2d 586 [1997]; see also Shainwald v Barasch, 29 AD3d 337 [2006]). The court properly exercised its discretion in limiting the jury’s reconsideration of its inconsistent verdict to the question of apportionment of fault between Total Dental and the nonparty Stony Brook Hospital (see Soto v Famulari, 28 AD3d 639…