— Judgment, Supreme Court, New York County (David Edwards, Jr., J.), entered May 3, 1990, which, after the close of evidence at a jury trial, dismissed the complaint pursuant to a CPLR 4401 motion for a directed verdict, unanimously affirmed, without costs.
Plaintiff Donald Storniolo, who suffered from severe ulcerative colitis, commenced this action after he developed a fistula of the urethra following surgery by the defendants for the removal of his colon and the creation of an ileostomy. Defendants’ motion for a directed verdict was properly granted, since by no rational process could the jury have found in plaintiff’s favor. (Blum v Fresh Grown Preserve Corp., 292 NY 241.)
Similarly, the trial court properly declined to submit the case to the jury under the doctrine of res ipsa loquitur, where the plaintiffs failed to establish that the development of a fistula following the underlying surgery was an event which ordinarily does not occur in the absence of negligence or was caused by any agency or instrumentality within the exclusive control of the defendants. (Dermatossian v New York City Tr. Auth., 67 NY2d 219.)
We have reviewed the plaintiffs’ remaining claims and find them to be without merit. Concur — Carro, J. P., Wallach, Kupferman, Asch and Kassal, JJ.
