Opinion
Argued November 2, 2001.
November 19, 2001.
In an action to recover damages for personal injures, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated February 23, 2000, which denied their motion pursuant to CPLR 4404(a) to set aside a jury verdict and for a new trial on the issue of damages.
Fink Platz, New York, N.Y. (David Samel of counsel), for appellants.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
"The established rule is that a jury verdict will not be set aside as against the weight of the evidence unless the jury could not have reached the verdict it rendered by any fair interpretation of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Passanante v. Snyder, 142 A.D.2d 669; Nicastro v. Park, 113 A.D.2d 129) " (Gravina v. Tilley Ladders Co., 155 A.D.2d 585). The jury reached its verdict on a fair interpretation of the evidence. Accordingly, the trial court correctly refused to set the verdict aside (see, Gravina v. Tilley Ladders Co.; supra; Whitfield v. City of N.Y., 239 A.D.2d 492).
In light of this determination, we need not reach the respondent's remaining contentions.
KRAUSMAN, J.P., FRIEDMANN, FLORIO and ADAMS, JJ., concur.