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SILVESTRI v. SMALLBERG

224 A.D.2d 172 (1996)

637 N.Y.S.2d 115

Anthony Silvestri, Respondent, v. Gerald J. Smallberg, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 1, 1996

Conflicting testimony in this medical malpractice action as to whether defendant deviated from good and accepted standards of medical practice in not performing a lumbar puncture raised issues of credibility for the jury's resolution, whose verdict on the issue of malpractice reflects a fair interpretation of the evidence (see, Lichtenstein v Bauer, 203 A.D.2d 89). There was insufficient evidence to warrant a charge on comparative...

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