Opinion
2284
November 21, 2002.
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered June 7, 2001, after a nonjury trial, dismissing the complaint, unanimously affirmed, without costs.
ROBERT A. MULHALL, for plaintiff-appellant.
RICHARD E. LERNER, for defendants-respondents.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Marlow, JJ.
The trial court's decision is supported by a fair interpretation of the evidence (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495). The trial court, as finder of fact, was entitled to credit the testimony of defendants and their expert, and discredit that of plaintiff and her expert, with respect to whether defendants exercised reasonable judgment and did not depart from accepted medical practices in performing the procedure and monitoring its results (see Matter of Torres, 166 A.D.2d 228, 231, affd 78 N.Y.2d 1085). Similarly, the trial court was free to accept defendant surgeon's assertion, and reject plaintiff's denial, that she was warned of the risk of the injury that occurred (see Briggins v. Chynn, 204 A.D.2d 158, 158-159). In the latter regard, plaintiff's expert testified only as to the adequacy of the written consent form, and did not offer an opinion as to the adequacy of the verbal warnings (see CPLR 4401-a).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.