Opinion
November 12, 1999
Appeal from Judgment of Supreme Court, Oswego County, Nicholson, J. — Negligence.
PRESENT: DENMAN, P. J., PINE, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.
Judgment unanimously affirmed without costs. Memorandum: We reject the contention of Scott Podolsky, M.D. (defendant) that the verdict is against the weight of the evidence (see, Grassi v. Ulrich, 87 N.Y.2d 954; Lolik v. Big V Supermarkets, 86 N.Y.2d 744; Gailey Co. v. Wahl, 262 A.D.2d 985 [decided June 18, 1999]). The testimony of plaintiff's medical expert supports the conclusion that medical care provided by defendant to plaintiff fell below the level of care acceptable in the professional community in which defendant practices (see, Schrempf v. State of New York, 66 N.Y.2d 289, 295; Kelly v. State of New York, 259 A.D.2d 962), and that defendant's deviation from the applicable standard of care was a proximate cause of plaintiff's injuries (see, De Stefano v. Immerman, 188 A.D.2d 448, 449).