In Calderon v Irani, 296 AD2d 778 [2002], the court also set aside the verdict, remarking (at p 779) that a jury's determination must be based on facts or opinion found in the record.

The jury in Calderon had found that Dr. Irani, a gynecologist, had deviated from accepted standards of medicine in failing to diagnose plaintiff's cervical cancer.

The jury had also found that this deviation was not a substantial factor in causing plaintiff's injuries. But again, although the plaintiff had presented testimony from an expert, a gynecologic oncologist, on the issue of causation, testifying to the patient's better chance of survival with an earlier diagnosis, the defendant presented no such testimony.

Thus, the defendant had failed to provide the jury with a reasonable justification for rejecting the testimony of the plaintiff's expert.