Opinion
February 16, 2001.
Judgment, Supreme Court, New York County (Kibbie Payne, J.), entered January 6, 2000, which, upon a jury verdict in favor of defendants Avis Rent -A-Car and William Smith, dismissed the complaint as against those defendants, unanimously affirmed, without costs.
Daniel P. O'Toole, for plaintiff-appellant.
Beth J. Goldmacher, John R. Ferretti, for defendants-respondents.
Before: Mazzarelli, J.P., Andrias, Lerner, Saxe , Buckley JJ.
The court properly denied plaintiff's motion to set aside the verdict. The jury could have reasonably concluded that defendant Smith exercised due care and complied with Vehicle and Traffic Law § 1141 when he made the left turn (see, DiLeone v. Hasan, 274 A.D.2d 410; Rice v. Massalone, 160 A.D.2d 861; DeVivo v. Perdue, 144 A.D.2d 624; Olson v. Dougherty, 128 A.D.2d 920), and the verdict was based upon a fair interpretation of the evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.