Majority
In an action to recover damages for dental malpractice, the plaintiff appeals from a judgment of
Ordered that the judgment is affirmed, with costs.
“This Court has the power to ‘set aside a jury verdict and grant a new trial when the jury’s determination is palpably incorrect and a substantial injustice would be done if the verdict were sustained’ ” (Kaminski v Modern Italian Bakery of W. Babylon, 270 AD2d 232 , citing Pinto v Pyramid Tire, 193 AD2d 723 , 724; see, Nordhauser v New York City Health & Hosps. Corp., 176 AD2d 787 , 789). The verdict was not against the weight of the evidence, as the jury properly assessed the witnesses, the accuracy of their testimony, and the discrepancies therein (see, Teneriello v Travelers Cos., 264 AD2d 772 ). Feuerstein, J.P., Smith, McGinity and Townes, JJ., concur.
Cases cited
- Kaminski v. Modern Italian Bakery of West Babylon 270 AD2d 232 p. 431
- Pinto v. Pyramid Tire, Inc. 193 AD2d 723 at 724 p. 431
- Nordhauser v. New York City Health & Hospitals Corp. 176 AD2d 787 at 789 p. 431
- Teneriello v. Travelers Companies 264 AD2d 772 p. 431