Opinion
July 27, 1992
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff Ralph Heineman was allegedly injured when he fell from a tree as he was attempting to trim its branches and one branch came in contact with the defendant's primary power line. Following a trial on the issue of liability, the jury found that the defendant was not at fault in the happening of the accident. The plaintiffs claim on appeal, inter alia, that the verdict was against the weight of the evidence. We disagree. Both sides presented expert witnesses and we find that the verdict is supported by a fair interpretation of the evidence (see, Holt v New York City Tr. Auth., 151 A.D.2d 460; Picciallo v. Norchi, 147 A.D.2d 540; Nicastro v. Park, 113 A.D.2d 129).
We have examined the plaintiffs' remaining contentions and find them to be unpreserved for appellate review or lacking in merit. Bracken, J.P., Sullivan, Harwood and Pizzuto, JJ., concur.