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LAURA v. SHIP

299 A.D.2d 252 (2002)

749 N.Y.S.2d 710

DOROTHY LAURA, Appellant, v. ARTHUR SHIP et al., Respondents, et al., Defendants.

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

Decided November 21, 2002.

The trial court's decision is supported by a fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495). The trial court, as finder of fact, was entitled to credit the testimony of defendants and their expert, and discredit that of plaintiff and her expert, with respect to whether defendants exercised reasonable judgment and did not depart from accepted medical practices in performing the procedure and...

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