Opinion
October 16, 1995
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the judgment and the amended judgments are affirmed insofar as appealed from, with one bill of costs.
On June 13, 1988, the defendant William Kossman's automobile collided with an automobile driven by the defendant Victoria Vecchione at the intersection of East Meadow Avenue and North Jerusalem Road in Nassau County. The plaintiffs, Patricia Neary and Kathleen Neary, were passengers in the Kossman automobile.
Kossman contends that the jury's verdict, finding him 95% at fault in the happening of the accident, was against the weight of the evidence. We disagree. It is well settled that issues regarding the credibility of witnesses and the accuracy of their testimony are primarily for the jury to determine, and its verdict should not be set aside if it could have been reached by any fair interpretation of the evidence ( see, Silva v. Micelli, 178 A.D.2d 521; Frangello v. Namm, 157 A.D.2d 649). The evidence supports the finding that Kossman was 95% responsible for the accident as the jury could have found that Kossman drove through a red light into the intersection.
We find that the jury's assessment of damages in the principal sum of $1,100,000 (which was reduced by a settlement with the defendants Richard Cicchillo and Mary Cicchillo) to Kathleen Neary and in the principal sum of $750,000 (which was reduced by a settlement with the Cicchillo defendants) to Patricia Neary did not deviate materially from what would be reasonable compensation ( see, CPLR 5501 [c]). Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.