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Skibola v. Structure-Tone, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2005
16 A.D.3d 238 (N.Y. App. Div. 2005)

Opinion

5650.

March 17, 2005.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered August 5, 2003, upon jury verdict, against plaintiffs in favor of defendant Structure-Tone and third-party defendant Antovel-Gelberg Painting, and dismissing the third-party complaint, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Marlow, Williams, Gonzalez and Catterson, JJ.


Presented with numerous inconsistencies as to whether the accident actually happened in the manner alleged by plaintiffs, the jury was in the best position to evaluate these credibility issues ( see generally Grassi v. Sea Shore Rest., 2 AD3d 222). The verdict was based on a fair interpretation of the evidence, and was not against the weight of the evidence ( see Kane v. Coundorous, 11 AD3d 304). The court properly denied plaintiffs' request to introduce a prior consistent statement, since the record supports the conclusion that attacks on the injured party's credibility were not based on a recent fabrication.


Summaries of

Skibola v. Structure-Tone, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2005
16 A.D.3d 238 (N.Y. App. Div. 2005)
Case details for

Skibola v. Structure-Tone, Inc.

Case Details

Full title:DRAGUTIN SKIBOLA et al., Appellants, v. STRUCTURE-TONE, INC., Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 2005

Citations

16 A.D.3d 238 (N.Y. App. Div. 2005)
790 N.Y.S.2d 605

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