Opinion
April 24, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered May 6, 1999, which, upon the denial of their motion pursuant to CPLR 4401 for judgment in their favor as a matter of law, and upon a jury verdict in favor, of the defendant, dismissed the complaint.
Santucci, J. P., Altman, Friedmann and McGinity, JJ., concur.
Ordered that the judgment is affirmed, with costs.
The trial court properly denied the plaintiffs' motion for a directed verdict on the issue of whether the injured plaintiff had suffered a serious injury, "given the conflicting medical evidence as to whether there was a causal connection between the accident and plaintiffs alleged permanent [injuries]" ( Rosabella v. Fanelli, 225 A.D.2d 1007, 1008; see, Szczerbiak v. Pilat, 90 N.Y.2d 553, 556).
Additionally. the verdict in favor of the defendant was not against the weight of the evidence ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Nicastro v. Park 113 A.D.2d 129).