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NOZHNIK v. NJS CARPENTRY, INC.

Index No. 114010/05. Appeal No. 13916N. Case No. 2020-01148.

194 A.D.3d 616 (2021)

148 N.Y.S.3d 455

2021 NY Slip Op 03283

Sophia Nozhnik, Esq., as Guardian Ad Litem for Lassina Diarra, Respondent, v. NJS Carpentry, Inc., et al., Defendants, and Richard Radna, M.D., Appellant.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Collins, FitzPatrick & Schoene, LLP, White Plains ( Ralph F. Schoene , of counsel), for appellant.

The Flomenhaft Law Firm, PLLC, New York ( Michael Benedene Cannata , of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

The trial court properly found that the evidence so preponderated in favor of plaintiff that the verdict in favor of Dr. Radna, that the particular surgical procedure employed by him on the spine of Lassina Diarra was not a deviation from good and acceptable medical care, could not have been reached by any fair interpretation of the evidence (CPLR 4404[a]; see Lolik v Big V Supermarkets, 86 N.Y.2d 744 [1995]; McDermott v Coffee...

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