Kinney v. Leiboff

—In an action to recover damages, inter alia, for medical malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Emerson, J.), dated February 16, 2001, which, after a jury verdict in their favor, granted the plaintiff’s motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence.

Ordered that the order is affirmed, with costs.

“A verdict in favor of a defendant should not be set aside as against the weight of the credible evidence unless the preponderance in favor of the plaintiff was so great that the finding in favor of the…