Legal Opinion

Stewart v. Odrich

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 2009Published

1Opinion of the Court

*507Viewing the evidence in the light most favorable to defendant and according due deference to the fact-finding function of the jury and its assessment of the credibility of the witnesses, we find that the verdict was based on a fair interpretation of the evidence (see Lopez v New York City Tr. Auth., 60 AD3d 529 [2009]). The jury could reasonably have concluded that, based upon the testimony of defendants’ expert doctors and the other medical evidence, defendant had not departed from acceptable standards of care and treatment by glaucoma specialists.

The brevity of the jury’s deliberations…

2Cases cited4 opinions

  1. Carolan v. AltrudaAppellate Division of the Supreme Court of the State of New York · 1962
  2. Carolan v. AltrudaNew York Court of Appeals · 1965
  3. People v. MarcanoAppellate Division of the Supreme Court of the State of New York · 1993
  4. Lopez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009

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