Opinion
2002-08254
Argued September 18, 2003.
November 10, 2003.
In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Gavrin, J.), dated February 22, 2002, which, upon a jury verdict, is in favor of the defendant and against her dismissing the complaint.
Smith Laquercia, LLP, New York, N.Y. (Thomas Michael Laquercia, Reed M. Podell, and Bryan F. Tiggs of counsel), for appellant.
Garbarini Scher, P.C., New York, N.Y. (Andrew L. Zwerling of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The jury verdict that the surgery performed by the defendant was not a proximate cause of the plaintiff's injuries was based on a fair interpretation of the credible evidence and should not be disturbed ( see Nicastro v. Park, 113 A.D.2d 129). It is well settled that a jury's resolution of conflicting expert testimony is entitled to great weight, since it is the jury that had the opportunity to observe and hear the experts ( see Bobek v. Crystal, 291 A.D.2d 521, 522, lv denied 100 N.Y.2d 505).
The plaintiff's remaining contentions either are unpreserved for appellate review or without merit.
ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.