Opinion
No. 4500.
March 10, 2011.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 15, 2009, which, in an action alleging that infant plaintiff suffered psychological injuries as a result of a schoolyard incident with another classmate while they were in the first grade, denied plaintiffs motion to set aside the jury's verdict in favor of defendant, unanimously affirmed, without costs.
Alexander J. Wulwick, New York, for appellants.
Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for respondent.
Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.
The verdict was based upon a fair interpretation of the evidence ( see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206). The jury was presented with conflicting expert testimony and issues respecting infant plaintiffs credibility and its resolution of such issues is entitled to deference ( id. at 206-207). Furthermore, the record presents ample evidence from which the jury could fairly infer that infant plaintiff did not sustain any psychological injuries as a result of the incident ( see Rivera v City of New York, 40 AD3d 334, 343-344.)