Opinion
2002-04442
Argued May 15, 2003.
June 2, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), entered April 12, 2002, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint.
Bracken, Margolin Gouvis, LLP, Islandia, N.Y. (Patricia M. Meisenheimer and Linda U. Margolin of counsel), for appellant.
John J. Leo, Town Attorney, Brentwood, N.Y. (Thomas J. Klei, Jr., of counsel), for respondent Town of Huntington.
Ryan, Perrone Harlein, Mineola, N.Y. (William T. Ryan and Robin Mary Heaney of counsel), for respondent D.W. Holding Corp.
Bernard Braun, Commack, N.Y., for respondent Century 21 Family Realty.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
It is well settled that a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial granted unless "the jury could not have reached the verdict on any fair interpretation of the evidence" (Nicastro v. Park, 113 A.D.2d 129, 134). In the instant case, there is no basis to overturn the verdict (see Yacobellis v. National Amusements, 289 A.D.2d 485; Nicastro v. Park, supra).
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.