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Thomas v. Priscilla Ice Cream Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 543 (N.Y. App. Div. 1995)

Opinion

July 3, 1995

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


Ordered that the judgment is affirmed, with costs.

We find unpersuasive the plaintiffs' contention that the jury's verdict was against the weight of the evidence. The individual defendant, who operated one of the vehicles involved in the accident, presented an adequate and reasonable explanation for the rear-end collision with the plaintiff's vehicle ( see, e.g., Torrillo v. Command Bus Co., 206 A.D.2d 520; Varsi v. Stoll, 161 A.D.2d 590). While the trial testimony consisted of conflicting factual accounts regarding the manner in which the accident occurred, the jury's fact-finding determination is entitled to great deference ( see, Torrillo v. Command Bus Co., supra). Upon our review of the entire record, we conclude that the verdict is supported by a fair interpretation of the evidence and should not be disturbed ( see, e.g., Varsi v. Stoll, supra; see generally, Nicastro v. Park, 113 A.D.2d 129).

The plaintiffs' remaining contention is unpreserved for appellate review ( see, De Long v. County of Erie, 60 N.Y.2d 296) and, in any event, is without merit. Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.


Summaries of

Thomas v. Priscilla Ice Cream Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1995
217 A.D.2d 543 (N.Y. App. Div. 1995)
Case details for

Thomas v. Priscilla Ice Cream Corp.

Case Details

Full title:MUSTAPHA THOMAS et al., Appellants, v. PRISCILLA ICE CREAM CORP. et al.…

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

Date published: Jul 3, 1995

Citations

217 A.D.2d 543 (N.Y. App. Div. 1995)
628 N.Y.S.2d 585