ROSENBERG v. HANASAB (2023)

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Marsha L. Steinhardt, J.), dated May 29, 2020.  The judgment, upon a jury verdict, is in favor of the defendants and against the plaintiff dismissing the complaint.

ORDERED that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained when she slipped and fell on ice on steps at the defendants’ premises.  After trial, the jury returned a verdict finding that the defendants were not negligent.  A judgment was entered in favor of the defendants and against the plaintiff dismissing the complaint.  The plaintiff appeals.

A jury verdict in favor of a defendant should not be set aside as contrary to the weight of the evidence unless “the evidence so preponderate[d] in favor of the [plaintiff] that [the verdict] could not have been reached on any fair interpretation of the evidence” (Lolik v. Big V Supermarkets, Inc., 86 N.Y.2d 744, 746, 631 N.Y.S.2d 122, 655 N.E.2d 163 [internal quotation marks omitted];  see Killon v. Parrotta, 28 N.Y.3d 101, 107, 42 N.Y.S.3d 70, 65 N.E.3d 41;  Hall v. Bouklis, 206 A.D.3d 800, 801, 168 N.Y.S.3d 341;  Nicastro v. Park, 113 A.D.2d 129, 134, 495 N.Y.S.2d 184).  “Issues of credibility are for the jury, which had the opportunity to observe the witnesses and the evidence.  Its resolution is entitled to deference” (Aronov v. Kanarek, 166 A.D.3d 574, 575, 88 N.Y.S.3d 73 [internal quotation marks omitted]).

Applying these principles here, the jury's verdict that the defendants were not negligent was supported by a fair interpretation of the trial evidence, and, thus, the verdict was not contrary to the weight of the evidence.

The plaintiff's remaining contentions are without merit.

BRATHWAITE NELSON, J.P., RIVERA, FORD and TAYLOR, JJ., concur.