Opinion
2001-10704
Argued February 7, 2003.
February 24, 2003.
In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated September 13, 2001, which denied her motion to set aside a jury verdict in favor of the defendants.
Worby Groner, Edelman, LLP (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.
Richard W. Babinecz, New York, N.Y. (Helman R. Brook of counsel), for respondents Consolidated Edison Company of New York, Inc., and Irving B. Spokony.
Vouté, Lohrfink, Magro Collins, LLP, White Plains, N.Y. (Joseph B. Failla of counsel), for respondent Edwin Otero.
Before: ANITA R. FLORIO, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
Contrary to the plaintiff's contention, the jury's finding that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) was supported by a valid line of reasoning or permissible inferences based on the evidence presented at trial (see Cohen v. Hallmark Cards, 45 N.Y.2d 493). Moreover, the verdict was not against the weight of the evidence (see Nicastro v. Park, 113 A.D.2d 129).
The parties' remaining contentions are without merit.
FLORIO, J.P., CRANE, COZIER and RIVERA, JJ., concur.