Louis v. Kimmelman

*207Judgment, Supreme Court, New York County (Donna Mills, J.), entered June 11, 2003, which, after a jury trial, awarded plaintiff damages, unanimously affirmed, without costs.

In this medical malpractice action arising out of defendants’ failure to timely diagnose and treat plaintiff Louis’s acoustic neuroma, the parties disputed whether defendant had advised Louis to undergo an MRI when she first consulted him in 1994. The jury clearly accepted plaintiffs’ version of the facts. It is well settled that the credibility of witnesses and the resolution of any conflict between them are matters for…