Opinion
October 26, 1998
Appeal from the Supreme Court, Nassau County (Alpert, J.).
Ordered that the order is affirmed, with costs.
A jury verdict may be set aside as against the weight of the evidence only when the jury could not have reached its verdict by any fair interpretation of the evidence ( see, Grassi v. Ulrich, 87 N.Y.2d 954; Teehan v. Command Bus Co., 251 A.D.2d 321). Here there was evidence adduced by which a reasonable jury could conclude that the defendant's conceded departure from good and accepted medical practice was not the proximate cause of all of the injuries allegedly sustained by the plaintiff Roseanne Kravis ( see, Levitt v. Lenox Hill Hosp., 184 A.D.2d 427).
Furthermore, contrary to the plaintiffs' contention, the court's charge with respect to foreseeability and intervening cause was proper inasmuch as it stated the law as applicable to the particular facts at issue, which the evidence tended to prove ( see, Green v. Downs, 27 N.Y.2d 205; Martino v. Triangle Rubber Co., 249 A.D.2d 454).
The plaintiffs' remaining contentions are without merit.
Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.