Opinion
August 22, 1994
Appeal from the Supreme Court, Putnam County (Hickman, J.).
Ordered that the judgment is affirmed, with costs.
The jury's verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129). Such a determination requires a discretionary balancing of many factors. The jury properly considered the conflicting testimony of the witnesses and made its determination, which was not against the weight of the evidence (see, Martin v. Seaman, 184 A.D.2d 996; Redmond v Schultz, 152 A.D.2d 823). The jury was entitled to credit the defendants' witness and discredit the plaintiff's witnesses (see, Lopez v. Marcus, 137 A.D.2d 665).
We have reviewed the remaining contentions and find that they are without merit. Lawrence, J.P., Santucci, Friedmann and Krausman, JJ., concur.