Opinion
2003-01548.
Decided May 3, 2004.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Weiner, J.), entered January 31, 2003, which, upon a jury verdict in favor of the defendant and against them, dismissed the complaint.
Bailly and McMillan, LLP, White Plains, N.Y. (Katherine G. Hall of counsel), for appellants.
Rende, Ryan Downes, LLP, White Plains, N.Y. (Roland T. Koke of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the plaintiffs' contention, the evidence adduced at trial did not warrant instructing the jury under PJI3d 2:71 as to concurrent causes ( see Getlin v. St. Vincent's Hosp. Med. Ctr. of N.Y., 117 A.D.2d 707, 708).
The jury verdict was supported by a fair interpretation of the evidence ( see McKnight v. LaGuardia Hosp., 263 A.D.2d 500, 501).
ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.