Opinion
July 27, 1987
Appeal from the Supreme Court, Westchester County (Buell, J.).
Ordered that the interlocutory judgment is affirmed, with costs.
The verdict finding that the defendant Dickstein fraudulently induced the plaintiff into signing an agreement dated January 7, 1983, assigning his interests in The Fairways Condominiums (a partnership), and Fairways Condominiums, Inc., and certain general releases is amply supported by the record. The jury reached the conclusion that fraud was clearly and convincingly demonstrated based upon a fair interpretation of the evidence presented. Accordingly, there is no basis for reversal on the ground that the verdict was against the weight of the evidence (see, Lipp v. Saks, 129 A.D.2d 681; Nicastro v. Park, 113 A.D.2d 129, 134). A fortiori, reversal on the ground that the evidence presented was legally insufficient to support the verdict is also unwarranted.
The sole issue adjudicated at the trial was whether the execution of the agreement and the general releases signed by the plaintiff on January 7, 1983 was fraudulently induced by the defendant Dickstein. Accordingly, the trial court properly exercised its discretion over the determination of relevancy by not admitting into evidence testimony elicited by defense counsel which related to events occurring subsequent to that date (see, Radosh v. Shipstad, 20 N.Y.2d 504, 508, rearg denied 20 N.Y.2d 969, 970; Lipp v. Saks, supra; Matter of Swanson, 109 A.D.2d 844, 845). Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.