Opinion
Argued September 13, 1999
November 30, 1999
In an action to recover damages for personal injuries, the second third-party defendant, Don McErlean Construction, appeals from so much of a judgment of the Supreme Court, Kings County (Arniotes, J.), dated May 4, 1998, as, upon a jury verdict finding it to be 70% at fault in the happening of the accident which caused the plaintiff's injuries, is in favor of the plaintiff and against it in the principal sum of $549,858.40.
Armienti Brooks, P.C., New York, N.Y. (Jonathan M. Citrin and Peter Pearson Traub, Jr., of counsel), for second third-party defendant-appellant.
Garbarini Scher, P.C., New York, N.Y. (Nancy A. Breslow of counsel), for third-party defendant and second third-party plaintiff-respondent.
Anne D. Pope, New York, N.Y. (Samuel A. Almon of counsel), for defendant Roosevelt Connection, Ltd.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs to the respondent.
We find unpersuasive the appellant's claim that the verdict on the apportionment of fault was against the weight of the credible evidence. It is well settled that a jury verdict will not be set aside absent a showing that the jurors could not have reached their verdict on any fair interpretation of the evidence ( see, Nelson v. City of New Rochelle, 154 A.D.2d 661; Burgess v. DeAngelis, 135 A.D.2d 679; Nicastro v. Park, 113 A.D.2d 129). A review of the evidence in this case demonstrates that a fair basis existed for the verdict.
The appellant's remaining contention is unpreserved for appellate review and we decline to review it in the exercise of our interest of justice jurisdiction.
BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.