Smith v. Lillian V. Ney, M.D., P. C.

—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court abused its discretion in granting plaintiffs motion to set aside the jury verdict and grant a new trial in this medical malpractice action (see, Gaston v Viclo Realty Co., 215 AD2d 174, lv denied 87 NY2d 804, cert denied 517 US 1169). The jury’s finding that Robert G. Ney, M.D. was negligent but that his negligence was not a proximate cause of the accident is neither inconsistent nor contrary to the weight of the evidence. Plaintiffs decedent had been treated by Robert Ney for…