Opinion
2014-06-10
Anjali AUGUSTINE, et al., Plaintiffs–Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant–Respondent.
Kramer & Pollack, LLP, Mineola (Joshua D. Pollack of counsel), for appellants. Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for respondent.
Kramer & Pollack, LLP, Mineola (Joshua D. Pollack of counsel), for appellants. Wallace D. Gossett, Brooklyn (Jane Shufer of counsel), for respondent.
Order, Supreme Court, New York County (Cynthia Kern, J.), entered February 27, 2012, which denied plaintiffs' motion to set aside the jury's verdict in favor of defendant, unanimously affirmed, without costs.
The motion court properly found that the verdict was not against the weight of the evidence ( see generally McDermott v. Coffee Beanery, Ltd., 9 A.D.3d 195, 206, 777 N.Y.S.2d 103 [1st Dept.2004] ). The jury weighed the credibility of the witnesses and the evidence, and its determination was based upon a fair interpretation of the evidence ( see Williams v. City of New York, 109 A.D.3d 744, 971 N.Y.S.2d 442 [1st Dept.2013]; White v. New York City Tr. Auth., 40 A.D.3d 297, 836 N.Y.S.2d 82 [1st Dept.2007] ). GONZALEZ, P.J., SWEENY, MOSKOWITZ, FREEDMAN, KAPNICK, JJ., concur.