Opinion
2001-10507
Submitted September 10, 2002.
October 7, 2002.
In an action to recover damages for personal injuries, the plaintiff Akilov David appeals from a judgment of the Supreme Court, Queens County (Geller, J.), entered October 30, 2001, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint insofar as asserted by him.
Taller Wizman, P.C. (Ephrem J. Wertenteil, New York, N.Y., of counsel), for appellant.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Joel M. Simon of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellant's contention, the jury verdict finding that he did not sustain a serious injury, as defined by Insurance Law § 5102(d), was not against the weight of the credible evidence (see Lolik v. Big V Supermarkets, 86 N.Y.2d 744; Scicutella v. Town of Hempstead, 287 A.D.2d 611). Here, the jury was presented with conflicting opinions of medical experts, and we refuse to disturb its determination with respect to the credibility of those experts (see Kalpakis v. County of Nassau, 289 A.D.2d 453; Moreno v. Chemtob, 271 A.D.2d 585; Gray v. McParland, 255 A.D.2d 359).
FEUERSTEIN, J.P., SMITH, FRIEDMANN and ADAMS, JJ., concur.