Opinion
Argued January 25, 2001
February 26, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (J. Leone, J.), dated November 23, 1999, which, upon a jury verdict that the defendant Linda Vocatura was negligent but that her negligence was not a substantial factor in causing the accident, is in favor of the defendants and against him, dismissing the complaint.
Edward H. Suh and Associates, P.C., Flushing, N.Y. (Peter B. Croly of counsel), for appellant.
Stockschlaeder, McDonald Sules, P.C. (Rivkin, Radler Kremer, LLP, Uniondale, N.Y. [Evan H. Krinick, Cheryl F. Korman, Jack D. Jordan, and Harris J. Zakarin] of counsel), for respondents.
Before: GOLDSTEIN, J.P., FLORIO, LUCIANO and H. MILLER, JJ., concur.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
A jury verdict should not be set aside unless the jury could not have reached the verdict on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 1 29, 134; Delgado v. Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643). In the present case, there is no basis to set aside the verdict.