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204 A.D.2d 276

Henkel v. Shields

Appellate Division of the Supreme Court of the State of New York · decided 1994-05-02

Decided 1994-05-02

¶1—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Floyd, J.), entered December 30, 1991, which, upon a jury verdict, is in favor of the defendant and against her.

¶2Ordered that the judgment is affirmed, with costs.

¶3A jury verdict should not be set aside unless the jury could not have reached the verdict on any fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129; Delgado v Board of Educ., 65 AD2d 547, affd 48 NY2d 643). Contrary to the plaintiff’s contentions, a reasonable juror could have determined that while the defendant was negligent in prescribing a *277penicillin-type drug for the plaintiff when his records indicated that she was allergic to penicillin, his negligence was not a proximate cause of her psychiatric condition.

¶4The plaintiff’s remaining contention is unpreserved for appellate review (see, Taylor v Henderson, 175 AD2d 590; New England Mut. Life Ins. Co. v Detectives Endowment Assn., 174 AD2d 454). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

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