Opinion
Submitted February 15, 2000
March 23, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rosato, J.), dated January 5, 1999, which, upon a jury verdict finding the defendant not at fault in the happening of the accident, and the denial of his posttrial motion pursuant to CPLR 4404 to set aside the verdict and for a new trial, dismissed the complaint.
John J. Gochman, Croton-on-Hudson, N.Y. (Michael F.X. Ryan of counsel), for appellant.
Voute, Lohrfink, Magro Collins, White Plains, N.Y. (John A. Howard of counsel), for respondent.
DAVID S. RITTER, J.P., SONDRA MILLER, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court correctly denied the plaintiff's posttrial motion pursuant to CPLR 4404 to set aside the verdict and for a new trial. It is well settled that a jury's determination should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134 ). Moreover, the jury's resolution of issues of credibility is entitled to great deference (see, Voiclis v. International Assn. of Machinist Aerospace Workers, Suffolk Lodge No. 1470, 239 A.D.2d 339; Corcoran v. People's Ambulette Serv., 237 A.D.2d 402, 403). The verdict here was based upon a fair interpretation of the evidence (see, Voiclis v. International Assn. of Machinist Aerospace Workers, Suffolk Local No. 1470, supra; Corcoran v. People's Ambulette Serv., supra; Nicastro v. Park, 113 A.D.2d 129, 134 ).
RITTER, J.P., S. MILLER, McGINITY, and FEUERSTEIN, JJ., concur.