Opinion
No. 2019-00584 Index No. 7664/14
06-15-2022
Anthony Hall, appellant, v. Anthanasios Bouklis, respondent.
Sacco & Fillas, LLP, Astoria, NY (Steven Hoffman of counsel), for appellant. McManus Ateshoglou Aiello & Apostolakos PLLC, New York, NY (Athanasia Apostolakos of counsel), for respondent.
Sacco & Fillas, LLP, Astoria, NY (Steven Hoffman of counsel), for appellant.
McManus Ateshoglou Aiello & Apostolakos PLLC, New York, NY (Athanasia Apostolakos of counsel), for respondent.
MARK C. DILLON, J.P. COLLEEN D. DUFFY JOSEPH J. MALTESE WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for assault and battery, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Carolyn F. Wade, J.), entered October 31, 2018. The judgment, upon a jury verdict in favor of the defendant, is in favor of the defendant and against the plaintiff, in effect, dismissing the complaint.
ORDERED that the judgment is affirmed, with costs.
The plaintiff commenced this action, inter alia, to recover damages for assault and battery against the defendant stemming from an altercation that occurred between the parties. Following a jury trial, during which the parties presented conflicting versions of the altercation, the jury rendered a verdict finding that the defendant did not commit assault or battery against the plaintiff. A judgment was entered October 31, 2018, upon the jury verdict, in effect, dismissing the complaint. The plaintiff appeals, and we affirm.
On this record, it cannot be said, as the plaintiff contends, that the Supreme Court's denial of his application to admit into evidence a certain video was an improvident exercise of discretion under the circumstances (see Kane v Triborough Bridge & Tunnel Auth., 8 A.D.3d 239, 241).
Further, contrary to the plaintiff's contention, the jury verdict was not contrary to the weight of the evidence. "A jury verdict in favor of a defendant should not be set aside as contrary to the weight of the evidence unless the evidence preponderates so heavily in the plaintiff's favor that the verdict could not have been reached on any fair interpretation of the evidence" (Liguori v Yerger, 197 A.D.3d 1108, 1109 [internal quotation marks omitted]; see Lolik v Big V Supermarkets, 86 N.Y.2d 744, 746; Nicastro v Park, 113 A.D.2d 129, 134). Although the plaintiff and the defendant presented conflicting testimony concerning material aspects of the altercation between them, affording due deference to the jury's resolution of that conflict, we find no valid basis for disturbing the jury verdict in favor of the defendant (see Oteri v Village of Pelham, 100 A.D.3d 725; Palermo v Original California Taqueria, Inc., 72 A.D.3d 917, 918).
DILLON, J.P., DUFFY, MALTESE and FORD, JJ., concur.