Opinion
June 16, 1992
Appeal from the Supreme Court, Bronx County, Bertram Katz, J.
According wide deference to the fact finder's assessment of credibility and drawing all factual inferences in favor of plaintiff, the successful litigant (1 Newman, New York Appellate Practice § 4.08), we find that the verdict is rational, and does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]). Plaintiff clearly established a prima facie case (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 314-315), and the court properly charged res ipsa loquitur (Corcoran v Banner Super Mkt., 19 N.Y.2d 425, 431-432; Richardson, Evidence § 93 [Prince 10th ed]).
Concur — Rosenberger, J.P., Ellerin, Wallach, Kupferman and Rubin, JJ.