Opinion
Submitted May 12, 1999
June 28, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered July 31, 1998, which, upon a jury verdict, is in favor of the defendants and against him dismissing the complaint.
Marvin A. Cooper, P.C., White Plains, N.Y. (William H. Cooper of counsel), for appellant.
William M. Mooney, Corporation Counsel, Yonkers, N.Y. (Kevin D. Crozier of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court was correct in denying the plaintiff's motion to set aside the verdict as against the weight of the evidence. A jury verdict should not be set aside unless the jury could not have reached the verdict on any fair interpretation of the evidence ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Ruscito v. Early, 253 A.D.2d 461; Nicastro v. Park, 113 A.D.2d 129). Upon our review of the record, we find that the jury's verdict was based upon a fair interpretation of the evidence ( see, Aldrich v. Hagan, 243 A.D.2d 432; Gross v. Napoli, 216 A.D.2d 524).
The plaintiff's objection to the court's charge is unpreserved for appellate review ( see, Nelson v. City of New Rochelle, 154 A.D.2d 661).