Opinion
2002-04247
Argued April 24, 2003.
May 19, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Brandveen, J.), entered March 18, 2002, which, upon a jury verdict in favor of the defendants and against them on the issue of liability, dismissed the complaint.
David Kaufman, Commack, N.Y., for appellant Zarif F. Malaty.
Bornstein Emanuel, P.C., Garden City, N.Y. (Anthony Emanuel and Velly B. Polycarpe of counsel), for appellant Mary Malaty.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, Mineola, N.Y. (Elizabeth Gelfand Kastner of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
A fair interpretation of the evidence supported the jury's conclusion that the defendants were not negligent (see Nicastro v. Park, 113 A.D.2d 129).
Contrary to the plaintiffs' contentions that the conduct of the trial court denied them a fair trial, the actions of the trial court were, in the main, directed towards focusing the proceedings on the relevant issues and clarifying facts material to the case in order to expedite the trial. While certain of the actions and statements of the trial court may have been somewhat intemperate or better left unsaid, overall the conduct complained of was not so egregious as to have deprived the plaintiffs of a fair trial (see Sheinkerman v. 3111 Ocean Parkway Assocs., 259 A.D.2d 480; Colon v. City of New York, 245 A.D.2d 258; Pallotta v. West Bend Co., 166 A.D.2d 637; LaMotta v. City of New York, 130 A.D.2d 627; cf. Habenicht v. R. K. O. Theatres, 23 A.D.2d 378).
The plaintiffs' remaining contentions are without merit.
PRUDENTI, P.J., FEUERSTEIN, McGINITY and ADAMS, JJ., concur.