The jury's determination should not be set aside unless it could not have been reached based upon a fair interpretation of the evidence ( see, Rhoden v. Montalbo, supra; Nicastro v. Park, 113 A.D.2d 129, 134). The majority does not disturb the finding that Dr. Rimler was at fault, and that his negligence was a proximate cause of the plaintiff's injury ( see, Gartenhaus v. Bobover Yeshiva Bnei Zion, 237 A.D.2d 407). The question of whether he should be charged with 40% of the fault involves questions of credibility, which are particularly within the province of the jury ( see, Seaman v. Town of Babylon, 231 A.D.2d 704; Nitzke v. Loveland, 188 A.D.2d 1058).