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Neiger v. Perlstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 615 (N.Y. App. Div. 1992)

Opinion

April 6, 1992

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the judgment is affirmed, with costs.

We reject the defendant's claim that the verdict finding him 100% at fault in the happening of the accident was against the weight of the evidence. The issue of credibility was resolved against the defendant by the jurors, whose determination is supported by a fair interpretation of the evidence (see, Holt v New York City Tr. Auth., 151 A.D.2d 460; Capone v Gannon, 150 A.D.2d 749).

Further, the verdict as to damages was not excessive. The amount of damages to be awarded is primarily a question of fact for the jury (see, O'Connor v Sears Roebuck Co., 170 A.D.2d 660). Here, the amount of damages awarded did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]).

We have reviewed the defendant's remaining contentions and find they do not require reversal. Harwood, J.P., Eiber, Ritter and Copertino, JJ., concur.


Summaries of

Neiger v. Perlstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 615 (N.Y. App. Div. 1992)
Case details for

Neiger v. Perlstein

Case Details

Full title:SAMUEL NEIGER, Individually and as Father and Natural Guardian of YOSSI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 6, 1992

Citations

182 A.D.2d 615 (N.Y. App. Div. 1992)
582 N.Y.S.2d 213