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Delay v. Rhinehart

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1211 (N.Y. App. Div. 1991)

Opinion

October 4, 1991

Appeal from the Supreme Court, Onondaga County, Stone, J.

Present — Doerr, J.P., Boomer, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: A jury verdict in favor of defendant should not be set aside unless the evidence in favor of plaintiff is so great that the verdict could not have been reached upon any fair interpretation of the evidence (Kuncio v Fillmore Hosp., 117 A.D.2d 975, 976, lv denied 68 N.Y.2d 608; Nicastro v Park, 113 A.D.2d 129, 134; Incardona v Home Indem. Co., 60 A.D.2d 749; Boyle v Gretch, 57 A.D.2d 1047, 1048). It is for the trier of the facts to make determinations as to the credibility of the witnesses (see, Weber v State of New York, 107 A.D.2d 929, 931), and the jury is free to accept or reject the opinions of expert witnesses (see, Felt v Olson, 74 A.D.2d 722, 723, affd 51 N.Y.2d 977). Based upon our review of the record, we conclude that the jury's determination that plaintiff's medical condition was not the result of an automobile accident with defendant's vehicle is not against the weight of the credible evidence. By failing to object to Dr. Baker's testimony on the grounds he now advances, plaintiff failed to preserve his present contentions for review.


Summaries of

Delay v. Rhinehart

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1211 (N.Y. App. Div. 1991)
Case details for

Delay v. Rhinehart

Case Details

Full title:NEAL P. DELAY, Appellant, v. DEBRA L. RHINEHART, Respondent. (Appeal No…

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

Date published: Oct 4, 1991

Citations

176 A.D.2d 1211 (N.Y. App. Div. 1991)

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