Opinion
Argued September 21, 2001.
October 29, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered June 23, 2000, which, upon a jury verdict finding that the defendant was not at fault in the happening of the accident, is in favor of the defendant and against them dismissing the complaint.
Silbowitz, Garafola, Silbowitz Schatz (Irwin M. Silbowitz and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.
John P. Healy (Barry, McTiernan Moore, New York, N.Y. [Laurel A. Wedinger and Anthony J. McNulty] of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellants' contentions, the verdict was not against the weight of the evidence. The jury's finding that the defendant was not at fault in the happening of the accident was based on a fair interpretation of the evidence, and should not be disturbed (see, Nicastro v. Park, 113 A.D.2d 129; cf., McCusker v. Huben, 253 A.D.2d 542).
KRAUSMAN, J.P., S. MILLER, SCHMIDT and CRANE, JJ., concur.