Opinion
2011-12-20
Viktor GRIBENKO, etc., appellant, v. 1750 ASSOCIATES, LLC, et al., respondents.
Nazrisho & Associates, P.C., Brooklyn, N.Y. (Ioannis P. Sipsas of counsel), for appellant. Dwyer & Brennan, New York, N.Y. (Gerald P. Dwyer of counsel), for respondents.
Nazrisho & Associates, P.C., Brooklyn, N.Y. (Ioannis P. Sipsas of counsel), for appellant. Dwyer & Brennan, New York, N.Y. (Gerald P. Dwyer of counsel), for respondents.
In an action, inter alia, to recover damages for constructive eviction, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated May 10, 2010, as denied that branch of his motion which was pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendants and against him on the issue of liability as contrary to the weight of the evidence.
ORDERED that the order is affirmed insofar as appealed from, with costs.
According great deference to the jury's determinations as to witness credibility ( see Jean–Louis v. City of New York, 86 A.D.3d 628, 629, 928 N.Y.S.2d 310; Christ v. Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d 721, 723, 898 N.Y.S.2d 648; Bertelle v. New York City Tr. Auth., 19 A.D.3d 343, 796 N.Y.S.2d 415), a fair interpretation of the evidence ( see Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746, 631 N.Y.S.2d 122, 655 N.E.2d 163; Jean–Louis v. City of New York, 86 A.D.3d 628, 928 N.Y.S.2d 310; Christ v. Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d at 723, 898 N.Y.S.2d 648; Nicastro v. Park, 113 A.D.2d 129, 134, 495 N.Y.S.2d 184) supports the jury's determination that the plaintiff was not constructively evicted from the demised premises ( see Barash v. Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 83, 308 N.Y.S.2d 649, 256 N.E.2d 707; Drapaniotis v. 36–08 33rd St. Corp., 48 A.D.3d 736, 737, 853 N.Y.S.2d 356).
Accordingly, the Supreme Court properly denied that branch of the plaintiff's motion which was to set aside the verdict as contrary to the weight of the evidence.