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STEWART v. ODRICH

1729, 111381/05

68 A.D.3d 506 (2009)

2009 NY Slip Op 9156

889 N.Y.S.2d 449

MARION STEWART, Appellant, v. STEVEN A. ODRICH, M.D., Respondent, et al. Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2009.

Viewing 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 A.D.3d 529 [2009]). The jury could reasonably have concluded that, based upon the testimony of defendants' expert doctors and the...

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