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SCIBELLI v. HERMAN

49 A.D.3d 627 (2008)

856 N.Y.S.2d 126

GINA SCIBELLI, Respondent, v. EUGENE G. HERMAN, D.M.D., P.C., Respondent, and TOTAL DENTAL CARE OF SUFFOLK, P.C., Appellant.

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

Decided March 11, 2008.

Ordered that the judgment is affirmed, with one bill of costs.

The Supreme Court correctly denied the motion of the defendant Total Dental Care of Suffolk, P.C. (hereinafter Total Dental), pursuant to CPLR 4404 (a) to set aside the jury verdict. The court's marshaling of evidence in its charge to the jury was balanced (see People v Barren, 240 A.D.2d 586 [1997]; see also Shainwald...

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