Opinion
Argued December 9, 1999
February 3, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), entered November 10, 1998, which, upon a jury verdict, is in favor of the defendant and against him, dismissing the complaint.
Parker Waichman, P.C. (DiJoseph, Portegello Schuster, P.C., New York, N.Y. [Arnold E. DiJoseph III] of counsel), for appellant.
Gallet Dreyer Berkey, LLP, New York, N.Y. (John W. Manning of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the verdict was not against the weight of the evidence. A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129 ; Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746 ; Darmetta v. Ginsburg, 256 A.D.2d 498 ). Since the fact-finders had the opportunity to see and hear the witnesses, we accord great deference to their determinations regarding witness credibility (see, Corcoran v. People's Ambulette Serv., 237 A.D.2d 402; Darmetta v. Ginsburg, supra). The verdict in the defendant's favor is supported by a fair interpretation of the evidence.
The plaintiff's contention that the court erred by giving a missing witness charge with respect to his wife is without merit (see, People v. Gonzalez, 68 N.Y.2d 424 ; Mathewson v. Bender, 259 A.D.2d 673 ; Jackson v. County of Sullivan, 232 A.D.2d 954 ).
The plaintiff's remaining contentions are without merit.
O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.