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Ashby-Smith v. Al-Jac Trans-Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 433 (N.Y. App. Div. 2000)

Opinion

Argued June 2, 2000

August 30, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Shaw, J.), entered April 1, 1999, which, upon a jury verdict finding that the defendants were not negligent, is in favor of the defendants and against them, dismissing the complaint.

Manuel A. Romero, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.

Rivkin, Radler Kremer, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Jack D. Jordan of counsel), for respondents.

SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

On October 4, 1994, a vehicle owned by the defendant Al-Jac Trans-Service, Inc., and operated by the defendant Raymond P. Quartucci made a right turn at an intersection and collided with a vehicle to his right that was operated by the plaintiff Yetira Ashby-Smith, which was also making a right turn.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134). It is for the trier of fact to make determinations as to the credibility of the witnesses, and great deference is accorded to the fact finders, who had the opportunity to see and hear the witnesses (see, Corcoran v. People's Ambulette Serv., 237 A.D.2d 402); Galimberti v. Carrier Indus., 222 A.D.2d 649). Here, the verdict in the defendants' favor is supported by a fair interpretation of the evidence and should not be set aside.


Summaries of

Ashby-Smith v. Al-Jac Trans-Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 433 (N.Y. App. Div. 2000)
Case details for

Ashby-Smith v. Al-Jac Trans-Service, Inc.

Case Details

Full title:YETIRA ASHBY-SMITH, ET AL., APPELLANTS, v. AL-JAC TRANS-SERVICE, INC., ET…

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

Date published: Aug 30, 2000

Citations

275 A.D.2d 433 (N.Y. App. Div. 2000)
713 N.Y.S.2d 132

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