| Munoz v New York Presbyt. Hosp. |
| 2019 NY Slip Op 01840 [170 AD3d 512] |
| March 14, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Marisol Munoz, Appellant, v New York Presbyterian Hospital et al., Respondents. |
Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for respondents.
Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered December 6, 2017, which, after a jury verdict in defendants' favor, dismissed the complaint, unanimously affirmed, without costs.
This case essentially came down to a battle of the experts with respect to the standard of care and whether antibiotics should have been administered to plaintiff as a precaution several hours earlier, and surgery performed within an hour of her manifesting likely symptoms of necrotizing fasciitis and compartment syndrome. During trial, the jury heard conflicting expert testimony as to these issues, thus raising an issue of credibility peculiarly within the province of the jury (see Briggins v Chynn, 204 AD2d 158 [1st Dept 1994]), which is afforded great deference (see Cholewinski v Wisnicki, 21 AD3d 791, 791 [1st Dept 2005]). However, upon review of the record, a "fair interpretation of the evidence" supports the jury's verdict that defendants comported with good and accepted practice in plaintiff's treatment (see Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]). Accordingly, we find no reason to disturb the verdict. Concur—Manzanet-Daniels, J.P., Kapnick, Kahn, Oing, JJ.