Opinion
2001-03383
Argued December 17, 2001.
January 14, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Weiss, J.), entered February 14, 2001, which, upon a jury verdict, and upon the denial of her motion pursuant to CPLR 4404(a) to set aside the verdict on the issue of damages and for a new trial, is in favor of the defendant and against her dismissing the complaint.
Eric F. Popkin, New York, N.Y., for appellant.
Stewart H. Friedman, Lake Success, N.Y. (David A. Harrison of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
The trial court properly denied the plaintiff's motion pursuant to CPLR 4404(a) to set aside the verdict, as the jury verdict in favor of the defendant could have been reached upon a fair interpretation of the evidence adduced at trial (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Mehar v. City of New York, A.D.2d [2d Dept., Nov. 19, 2001]). The resolution of issues regarding the credibility of both the expert and lay witnesses is a matter within the province of jury (see, Zapata v. Dagostino, 265 A.D.2d 324; Norfleet v. New York City Tr. Auth., 124 A.D.2d 715, 716).
The plaintiff's remaining contention is without merit.
SANTUCCI, J.P., SMITH, CRANE and COZIER, JJ., concur.