Opinion
Argued March 3, 2000.
April 17, 2000.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated March 1, 1999, which granted the plaintiff's motion pursuant to CPLR 4404 to set aside a jury verdict in their favor and ordered a new trial.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Kirstin M. Helmers and Janet L. Zaleon of counsel), for appellants.
Eric H. Green, New York, N.Y. (Marc Gertler and Elliot B. Pasik of counsel), for respondent.
Before: DANIEL W. JOY, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
A jury verdict in favor of a defendant should not be set aside unless the jury could not have reached the verdict on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134 ). Based on a fair interpretation of the facts and circumstances in this case, the jury could have reached its verdict in the defendants' favor and therefore, the court erred in setting it aside (see, Nicastro v. Park, supra).