Opinion
November 26, 1991
Appeal from the Supreme Court, New York County, Ira Gammerman, J.
The record contains sufficient evidence for a factual finding that defendant's malpractice was a substantial and proximate cause of plaintiff's injuries. Plaintiff's medical expert testified that the removal of excessive temporal lobe during the operation, in an attempt to get at the source of several recurring seizures, was medically unnecessary and caused plaintiff to develop hemiplegia and become permanently disabled. Defendant's medical witnesses' contrary opinion as to the cause of plaintiff's injuries is not a ground for setting aside the verdict, either as a matter of law or as against the weight of the evidence (see, Furia v. Mellucci, 163 A.D.2d 88, 89, lv denied 77 N.Y.2d 803).
Concur — Sullivan, J.P., Wallach, Smith and Rubin, JJ.