Opinion
March 8, 1996
Appeal from the Supreme Court, Kings County, Shaw, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: "It is well settled that a jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence" ( Buckenberger v Clark Constr. Corp., 208 A.D.2d 790, 791, citing Nicastro v Park, 113 A.D.2d 129, 134). The verdict finding that defendants were not negligent is based upon a fair interpretation of the evidence. The jury could have fairly determined that defendant O'Connell was not negligent in his operation of the truck and that he could not avoid the accident when plaintiff's decedent suddenly crossed in front of the truck on his bicycle ( see, Buchberger v Barrack, 151 A.D.2d 632; see also, Weise v Lazore, 99 A.D.2d 919, lv denied 62 N.Y.2d 606).