Ellsworth v. Chan

—Judgment affirmed without costs. Memorandum: Supreme, Court properly denied plaintiffs’ motion to set aside the jury verdict as against the weight of the evidence (see, Riggio v New Creation Fellowship, 249 AD2d 942). We further conclude that plaintiffs’ contention that the court erred in giving an “error in judgment” charge is not preserved for our review. Plaintiffs submitted evidence at trial that defendant deviated from acceptable standards of care by cutting the bowel of Michelle M. Ellsworth (plaintiff) while performing a hysterectomy, performing the procedure in light of plaintiffs…