Opinion
Submitted June 14, 1999
September 13, 1999
In an action to recover damages for personal injuries. etc., the defendants Varujan Miskjian and Va Va Dairies, Inc., appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 17, 1998, which granted the plaintiffs' motion pursuant to CPLR 4404 (a) to set aside a jury verdict in their favor and ordered a new trial.
Baxter Smith, P.C., New York, N.Y. (Robert C. Baxter and Judy Schwartz of counsel), for appellants.
Isaacson, Schiowitz, Korson Solny, LLP, New York, N Y (Michael S. Korson of counsel), for respondents.
MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, and ROBERT W. SCHMIDT. JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment on the verdict.
The Supreme Court erred in setting aside the jury verdict in favor of the appellants. The verdict was supported by a fair interpretation of the evidence and should not have been disturbed ( see, Shachnow v. Myers, 229 A.D.2d 432).
ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.