Opinion
2001-01035
Argued December 4, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Winslow, J.), entered November 15, 2000, which, upon a jury verdict, dismissed the complaint insofar as asserted against the defendant County of Nassau.
Sullivan Papain Block McGrath Cannavo P.C., New York, N Y (Stephen C. Glasser and Stefanie R. Cardarelli of counsel), for appellant.
Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Dominic P. Bianco of counsel), for defendant Maurice Kaplan.
Alfred F. Samenga, County Attorney, Mineola, N.Y. (Gerald R. Podlesak and Tara Talmadge of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed, with costs.
We reject the plaintiff's contention that the jury verdict in favor of the defendant County of Nassau finding that the plaintiff did not sustain a serious injury in the subject accident (see, Insurance Law § 5102[d]), should be set aside as against the weight of the evidence. "A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that it could not have been reached on any fair interpretation of the evidence" (Schiskie v. Fernan, 277 A.D.2d 441; see, Nicastro v. Park, 113 A.D.2d 129). "In reviewing the record to ascertain whether the verdict was a fair reflection of the evidence, great deference is accorded to the fact-finding function of the jury, as it is in the foremost position to assess witness credibility" (Teneriello v. Travelers Cos., 264 A.D.2d 772, 772-773; see, Gonzalez v. Cheng, A.D.2d [2d Dept., Oct. 22, 2001]; Accetta v. City of New York, A.D.2d [2d Dept., Oct. 15, 2001]). In the instant case, the jury was presented with conflicting expert medical opinions, and we refuse to disturb its resolution of the issue of credibility with respect thereto (see, Moreno v. Chemtob, 271 A.D.2d 585; Zapata v. Dagostino, 265 A.D.2d 324; Gray v. McParland, 255 A.D.2d 359).
RITTER, J.P., FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.