Opinion
June 16, 2000.
Appeal from Order of Supreme Court, Erie County, Dillon, J. — Set Aside Verdict.
PRESENT: GREEN, J.P., HAYES, KEHOE AND LAWTON, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs' motion pursuant to CPLR 4404 (a) to set aside the jury verdict as against the weight of the evidence. "A jury's verdict is not against the weight of the evidence unless utterly irrational and unsupported by a fair interpretation of the evidence" ( Lillis v. D'Souza, 174 A.D.2d 976, 977, lv denied 78 N.Y.2d 858; see generally, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498-499). The jury properly evaluated the conflicting expert testimony and the credibility of the other witnesses ( see, Hall v. Prestige Remodeling Home Repair Serv., 192 A.D.2d 1098; Delay v. Rhinehart, 176 A.D.2d 1211; Lillis v. D'Souza, supra, at 977). The record establishes that the jury's verdict is rational and supported by a fair interpretation of the evidence, which included testimony from defendant's expert that the injuries of plaintiff Anthony Accurso were not caused by his fall on January 5, 1994.