Opinion
2002-10779
Argued June 17, 2003.
September 15, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Dye, J.), dated July 12, 2002, which, upon a jury verdict in favor of the defendants and against them on the issue of liability, dismissed the complaint.
Stephen David Fink, Forest Hills, N.Y., for appellants.
Faust, Goetz, Schenker Blee, New York, N.Y. (Randy S. Faust and Erika C. Aljens of counsel), for respondents.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
"The standard to be applied on a challenge to a jury verdict in favor of the defendant based on the weight of the evidence is whether the evidence preponderates so greatly in the plaintiff's favor that the verdict could not have been reached upon any fair interpretation of the evidence. In making that determination, great deference must be accorded to the fact — finding function of the jury" ( Cicalese v. Caruana, 274 A.D.2d 540, 540-541). On the evidence presented, the jury reasonably could have reached its verdict that the defendants were not negligent based upon a fair interpretation of the evidence ( see Malaty v. North Arkansas Wholesale Co., 305 A.D.2d 556; Kinney v. Taylor, 305 A.D.2d 466; Nicastro v. Park, 113 A.D.2d 129).
The plaintiffs' remaining contentions are without merit.
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.