Opinion
February 27, 1995
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the appeal from the order dated October 14, 1992, is dismissed, as that order was superseded by the order dated January 14, 1993, made upon reargument; and it is further,
Ordered that the order dated January 14, 1993, is reversed insofar as appealed from, on the law and the facts, the order dated October 14, 1992, is vacated, the jury's award is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for entry of an appropriate judgment upon the verdict; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
The evidence showed that in or about March 1981, the defendant doctor departed from good and acceptable medical practice by improperly performing a surgical procedure upon the infant plaintiff Matthew Favier. After a jury verdict was rendered in favor of the plaintiffs, the court set aside the verdict and ordered a new trial based upon its finding that the jury's answers to two interrogatories contained on the special verdict sheet were inconsistent.
Contrary to the defendant's contention, the jury's answers to the two interrogatories were neither inconsistent nor irreconcilable when reviewed in the context of the court's charge, because the answers can be reconciled with a reasonable view of the evidence. The plaintiffs are entitled to the presumption that the jury adopted that view (see, Rubin v Pecoraro, 141 A.D.2d 525, 526).
There is no merit to the defendant's remaining contentions. Mangano, P.J., Bracken, Altman and Goldstein, JJ., concur.