Vera v. Beth Israel Medical Hospital

In reviewing the jury’s finding of liability in this psychiatric malpractice action, plaintiff is entitled to the most favorable view of the evidence and the benefit of every reasonable inference which can be drawn from that evidence (Eppel v Fredericks, 203 AD2d 152). When, as here, the record contains conflicting medical testimony, the resolution of such conflicts, as well as the evaluation of the credibility and accuracy of witnesses’ testimony is a matter within the province of the jury (Aunchman v Palen, 186 AD2d 104, lv denied 81 NY2d 702; Shaw v Binghamton Lodge No. 852, 155 AD2d 805).…