Opinion
2000-07472
Argued October 15, 2001.
December 10, 2001.
In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Rappaport, J.), dated July 24, 2000, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal amount of $160,000.
MICHAEL D. HESS, Corporation Counsel, New York, N.Y. (FRANCIS F. CAPUTO and ELIZABETH I. FREEDMAN of counsel), for appellant.
SIVIN MILLER, LLP, New York, N.Y. (EDWARD SIVIN of counsel), for respondents.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
A jury verdict may be set aside only where "there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial" (Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; see, Kaminski v. Modern Italian Bakery of W. Babylon, 270 A.D.2d 232; Simmons v. East Nassau Med. Group, 260 A.D.2d 463). The verdict was not against the weight of the evidence. Great deference must be accorded to the fact-finding function of the jury, and we find no reason to disturb its determination, as the jury was in the best position to review the witnesses' testimony and assess their credibility (see, Teneriello v. Travelers Cos., 264 A.D.2d 772).
In light of our determination, the plaintiff's remaining contention is academic.
RITTER, J.P., FRIEDMANN, FLORIO and COZIER, JJ., concur.