It cannot be said that the jury's verdict finding that defendant Posner was liable for failure to perform a "delayed primary" surgical procedure lacks the support of any fair interpretation of the evidence (see, Delgado v Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643). Given Dr. Posner's responsibility for training residents at the hand clinic, together with the fact that Dr. Posner examined the plaintiff's hand at Dr. Boiardo's request, the jury could find that Dr. Posner's diagnosis contributed to the failure of either doctor to perform the "delayed primary" surgical procedure on plaintiff's hand. However, we believe that the jury improperly apportioned liability as between the doctors and accordingly remand for a new trial for purposes of apportionment unless the parties stipulate as aforesaid.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.