Russo v. Probber

— In a medical malpractice action to recover damages for personal injuries, the defendants appeal from (1) a judgment of the Supreme Court, Nassau County (Burstein, J.), entered August 4, 1986, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $79,640, and (2) an order of the same court, dated September 8, 1986, which denied their motion for a new trial.

Ordered that the judgment and the order are affirmed, with one bill of costs.

The court properly exercised its discretion in denying the defendants’ motion for a new trial pursuant to CPLR 4404.…