Heymann v. Morrison — 110 A.D.2d 819

Majority

p. 819

Paula Heymann et al., Appellants, v Shirley Morrison, Respondent.

It cannot be said that the verdict was not based upon a fair interpretation of the evidence which presented a sharp issue of fact. It was within the province of the jury to determine the credibility of the witnesses, and to refuse to credit the testimony of plaintiffs (see, Taype v City of New York, 82 AD2d 648 , 650-651, l v denied 55 NY2d 608 ; cf. Lorenzo v Lubchansky, 75 AD2d 865 ).

We have considered plaintiffs’ other contentions and find them to be without merit. Titone, J. P., Thompson, Bracken, and Rubin, JJ., concur.

Cases cited

Taype v. City of New York 82 AD2d 648 N.Y. App. Div. 1981-09-21 at 650-651 p. 819