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LORI WEISS, ET AL., RESPONDENTS, v. ELLIOT WAPNIAK, APPELLANT.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon appellate review, a trial court's exercise of its discretion to set aside a jury verdict as against the weight of the evidence must be accorded great respect (see, Nicastro v. Park, 113 A.D.2d 129). Here, the Supreme Court properly granted the plaintiffs' motion insofar as it sought to set aside that portion of the jury's verdict which found that the defendant did not depart from accepted dental practice, since such a determination could not have been reached upon any fair interpretation of the evidence presented at trial (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nordhauser v. New York City Health Hosps. Corp., 176 A.D.2d 787).

The defendant's remaining contention is without merit.

SANTUCCI, J.P., LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.

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WEISS v. WAPNIAK
(May 21, 2001)