Opinion
Submitted February 17, 2000.
March 30, 2000.
In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), entered December 10, 1998, which, after a nonjury trial at which she was found 100% at fault in the happening of the accident, is in favor of the plaintiff and against her in the principal sum of $90,000.
Gerald G. Cowen, Elmsford, N.Y. (Stephen J. Hubel of counsel), for appellant.
Joseph A. Owen, Goshen, N.Y., for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries allegedly resulting from an automobile collision. After a nonjury trial, the court, inter alia, found that the defendant was 100% at fault in the happening of the accident and that the accident was the proximate cause of the plaintiff's injuries.
The defendant argues that the verdict should be set aside because it was against the weight of the evidence. We disagree and conclude that the verdict was not against the weight of the credible evidence (see, Buck v. Cimino, 243 A.D.2d 681 ; Greenberg v. Behlen, 220 A.D.2d 720 ; Nicastro v. Park, 113 A.D.2d 129 ).
The court providently exercised its discretion in granting the plaintiff's motion to amend the pleadings to conform to the proof since there was no prejudice (see, Mohammed v. City of New York, 242 A.D.2d 321 ; Weisberg v. My Mill Holding Corp., 205 A.D.2d 756 ;Felix v. Lettre, 204 A.D.2d 679 ; Rothstein v. City Univ. of N.Y., 194 A.D.2d 533 ).
The defendant's remaining contentions are without merit (see,Hambsch v. New York City Tr. Auth., 63 N.Y.2d 723 ; Doherty v. City of New York, 228 A.D.2d 544 ; Akerman v. City of New York, 226 A.D.2d 326 ).
SANTUCCI, J.P., JOY, THOMPSON, and GOLDSTEIN, JJ., concur.