Opinion
2001-07095
Argued September 24, 2002.
October 15, 2002.
In an action to recover damages for medical malpractice, etc., the defendant Joseph John Licata appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated July 13, 2001, which denied his motion pursuant to CPLR 4401(a) to set aside a jury verdict in favor of the plaintiffs and against him.
Rosenblum Tannenbaum, LLC, White Plains, N.Y. (James B. Rosenblum of counsel), for appellant.
McGoldrick Keogh, Tappan, N.Y. (Gerard L. Keogh of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
ORDERED that the order is affirmed, with costs.
"The [appellant's] contention that the jury verdict should be set aside as inconsistent is unpreserved for appellate review because the issue was not raised before the jury was discharged" (Devine v. City of New York, 262 A.D.2d 443, 444; see Barry v. Manglass, 55 N.Y.2d 803, 806; Grzesiak v. General Elec. Co., 68 N.Y.2d 937, 938-939). In any event, the verdict was based on a fair interpretation of the evidence and should not be disturbed (see Brezinski v. Island Med. Care, 291 A.D.2d 366; Corcoran v. People's Ambulette Serv., 237 A.D.2d 402). The appellant's contention that since the plaintiffs' expert witness was not a surgeon, he was not competent to testify against the defendant is without merit (see Julien v. Physician's Hosp., 231 A.D.2d 678, 680, quoting Humphrey v. Jewish Hosp. Med. Ctr., 172 A.D.2d 494 ["A physician need not be a specialist in a particular field in order to be considered a medical expert"]).
The appellant's remaining contentions are without merit.
PRUDENTI, P.J., FLORIO, SCHMIDT and MASTRO, JJ., concur.