Opinion
2002-01348
Argued February 21, 2003.
March 17, 2003.
In an action to recover damages for personal injuries, etc., the defendants Bensonhurst Grocery and Shayer Ahmid Said appeal from a judgment of the Supreme Court, Kings County (Huttner, J.), entered January 30, 2002, which, upon a jury verdict, is in favor of the plaintiffs and against them in the principal sum of $302,077.
McDonald Carroll Cohen Rayhill (Milber Makris Plousadis Seiden, LLP, White Plains, N.Y. [Thomas H. Kukowski] of counsel), for appellants.
Edward C. Tuozzo (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac and Lawrence Salvato] of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellants' contentions, the jury verdict finding that the injured plaintiff was negligent, but that her negligence was not a proximate cause of the accident, was not against the weight of the evidence, as the jury's finding was supported by a fair interpretation of the evidence (see Nicastro v. Park, 113 A.D.2d 129; Campbell v. Crimi, 267 A.D.2d 343, 344). Under the facts of this case, the issues were not "`so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause'" (Reese v. New York City Bd. of Educ., 297 A.D.2d 793, quoting Rubin v. Pecoraro, 141 A.D.2d 525, 527; cf. Ferrante v. County of Nassau, 301 A.D.2d 565 [2d Dept, Jan. 21, 2003]).
The appellants' remaining contentions are without merit.
FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.