Opinion
345
March 4, 2003.
Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered on or about November 9, 2001, which, upon a jury verdict in defendant's favor, dismissed the plaintiff's medical malpractice action, unanimously affirmed, without costs.
Rhona A. Silverman, for plaintiff-appellant.
Steven H. Kaplan, for defendants-respondents.
Before: Andrias, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.
The record demonstrates that the trial court did not exhibit any bias.
The trial court properly denied plaintiff's application made pursuant to Batson v. Kentucky ( 476 U.S. 79). The record supports the court's finding that the race-neutral reasons offered by defendant were not pretextual, and that finding is entitled to great deference, particularly where the assessment turns on the credibility of the party exercising the challenge (see People v. Hernandez, 75 N.Y.2d 350, 356-357, affd 500 U.S. 352).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.