AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MICHAEL MANCUSI, Appellant, v. MICHAEL SETZEN et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this medical malpractice action against his treating otolaryngologist, the defendant Michael Setzen, and his medical practice, the defendant North Shore Otolaryngology Associates, P.C., alleging, inter alia, that Dr. Setzen departed from good and accepted medical practice by failing to timely recognize or test for signs of his sinus cancer. Following a jury verdict in favor of the defendants on the issue of liability, the plaintiff moved pursuant to CPLR 4404 (a), inter alia, to set aside the verdict as contrary to the weight of the evidence and for a new trial. In the order appealed from, the Supreme Court denied the motion. We affirm the order insofar as appealed from.

A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence ( see Nicastro v Park, 113 AD2d 129, 134). "The jury's resolution of conflicting expert testimony is entitled to great weight, as it is the jury that had the opportunity to observe and hear the experts" (Speciale v Achari, 29 AD3d 674, 675). Here, the jury's determination that Dr. Setzen did not depart from good and accepted medical practice in not diagnosing the plaintiffs sinus cancer sooner was based upon a fair interpretation of the evidence presented at trial and, thus, should not be disturbed ( see Goldberg v Sottile Megna, M.D., P.C., 54 AD3d 359; Casimir v Bar-Zvi, 36 AD3d 578, 578-579; Nicastro v Park, 113 AD2d 129).

The plaintiffs remaining contention is without merit.

Use AI to get other relevant cases.

Comments

MANCUSI v. SETZEN
(May 18, 2010)