Opinion
Argued September 26, 2000
October 23, 2000.
In an action to recover damages for personal injuries, etc., the defendant Town of Hempstead appeals from a judgment of the Supreme Court, Nassau County (Joseph, J.), entered June 4, 1999, which, upon a jury verdict finding it 88% at fault in the happening of the accident and the plaintiff Rosalie Collins 12% at fault, is in favor of the plaintiffs and against it in the principal sum of $1 36,400.
Rivkin, Radler Kremer, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, Jack D. Jordan, and Stuart Bodoff of counsel), for appellant.
Rubin Licatesi, P.C., Garden City, N.Y. (Jason S. Firestein of counsel), for plaintiffs-respondents .
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to contentions of the appellant, Town of Hempstead, the jury verdict apportioning liability was based upon a fair interpretation of the evidence and therefore should not be set aside (see, Walker v. Zdanowitz, 265 A.D.2d 404; Nicastro v. Park, 113 A.D.2d 129, 134). Moreover, the award of damages was not excessive as it does not deviate materially from what would be considered reasonable compensation (see, CPLR 5501[d]; Rhames v. Supermarkets Gen. Corp., 260 A.D.2d 623; Walsh v. Kings Plaza Replacement Serv., 239 A.D.2d 408; Senko v. Fonda, 53 A.D.2d 638; see, Tariq v. Miller, 240 A.D.2d 395).
The appellant's remaining contention is without merit.