Opinion
February 1, 1988
Appeal from the Supreme Court, Rockland County (Braatz, J.).
Ordered that the judgment and order are affirmed, with one bill of costs.
While the instructions to the jury concerning the standard of conduct to be applied to this infant plaintiff were erroneous (Dimino v Burriesci, 125 A.D.2d 361), the claim of error has not been preserved for appellate review. In any event, the instructions do not require reversal, since the jury found the defendant free from any negligence and did not reach the question of the infant's negligence. The jury was confronted with questions of credibility which were resolved in favor of the defendant. We must accord great deference to the jury's findings in this regard. Since this interpretation of the evidence is fair and supports the verdict, we cannot say that the verdict is against the weight of the evidence (Nicastro v Park, 113 A.D.2d 129).
We have found the plaintiffs' remaining contentions unpreserved for appellate review and, in any event, without merit. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.