Opinion
February 9, 1998
Appeal from the Court of Claims (Ruderman, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Great weight should be accorded to a trial court's determinations, particularly where, as here, they rest upon the resolution of issues of credibility and assessment of the weight of the evidence ( see, Amend v. Hurley, 293 N.Y. 587; Levy v. Kurpil, 168 A.D.2d 881, 882; Cordts v. State of New York, 125 A.D.2d 746; Arnold v. State of New York, 108 A.D.2d 1012). Here, the claimant failed to adequately prove his claim that New York State Troopers used excessive force in subduing him after he led them on a high speed chase and resisted arrest ( see, Davis v. State of New York, 203 A.D.2d 234). Inasmuch as the court's determination as to witness credibility was based upon a fair interpretation of the evidence, we decline to disturb it on appeal ( see, Vizzari v. State of New York, 184 A.D.2d 564; Matter of Kaplan v. Werlin, 215 A.D.2d 387, 388; Bernstein v. Sosnowitz, 198 A.D.2d 204).
Joy, J.P., Krausman, Florio and McGinity, JJ., concur.