Opinion
June 17, 1996
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof granting the branch of the plaintiff's motion which was to set aside the jury's verdict on the issue of liability and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court improperly set aside the jury's verdict on the issue of liability (see, CPLR 4404; Cohen v. Hallmark Cards, 45 N.Y.2d 493). Here, the jury "was presented with sharp issues of credibility and the accuracy of the witnesses' testimony was for its determination" (Albero v. Rogers, 143 A.D.2d 246; see also, Salazar v. Fisher, 147 A.D.2d 470). The jury's apportionment of liability in this case was based upon a fair interpretation of the evidence. Thus, it should not have been disturbed (see, Nicastro v. Park, 113 A.D.2d 129; see also, Patti v. Fenimore, 181 A.D.2d 869).
However, the court correctly set aside the jury's verdict with respect to damages since the award was against the weight of the evidence (see, Cohen v. Hallmark Cards, supra), and "deviate[d] materially from what would be reasonable compensation" (CPLR 5501 [c]). Pizzuto, J.P., Joy, Krausman and McGinity JJ., concur.