Opinion
01-31-2017
Jessica COZIER, Plaintiff–Appellant, v. Kwame BAAH, et al., Defendants–Respondents.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Gabriel Arce–Yee of counsel), for appellant. Philip J. Rizzuto, P.C., Uniondale (Kristen Reed of counsel), for Kwame Baah and B&M Hacking Corp., respondents. Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Ali Ijaz and Geyr Taxi, Inc., respondents.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Gabriel Arce–Yee of counsel), for appellant.
Philip J. Rizzuto, P.C., Uniondale (Kristen Reed of counsel), for Kwame Baah and B&M Hacking Corp., respondents.
Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Ali Ijaz and Geyr Taxi, Inc., respondents.
MAZZARELLI, J.P., MANZANET–DANIELS, FEINMAN, WEBBER, GESMER, JJ.
Judgment, Supreme Court, Bronx County (Faviola A. Soto, J.), entered July 13, 2015, after a jury trial, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered July 27, 2015, which denied plaintiff's motion to set aside the verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
The jury's finding that plaintiff did not sustain a serious injury to her cervical or lumbar spine within the meaning of Insurance Law § 5102(d) as a result of the motor vehicle accident was based upon a fair interpretation of the evidence (see Spagnoli–Scheman v. Bellew, 91 A.D.3d 414, 935 N.Y.S.2d 510 [1st Dept.2012] ). There was conflicting expert testimony as to whether plaintiff's injuries resulted from the accident or were preexisting chronic or congenital conditions unrelated to the accident, and the jury was " entitled to accept or reject the testimony of plaintiff's experts in whole or in part" (see id. at 414, 935 N.Y.S.2d 510 [internal quotation marks omitted] ).
We have considered plaintiff's remaining arguments and find them unavailing.