← Cases

Mount Vernon Fire Insurance v. Mott

216 A.D.2d 546 Court N.Y. App. Div. Decision date 1995-06-26 English

Contents

Majority

p. 546
Mount Vernon Fire Insurance Co., Respondent, v Arthur T. Mott, Appellant.
[628 NYS2d 579]

In an action to recover insurance premiums due under a liability insurance policy, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered November 15, 1993, which, upon a special jury verdict pursuant to CPLR 4111 (b), is in favor of the plaintiff in the total amount of $69,705.35.

Ordered that the order and judgment is affirmed, with costs.

"In reviewing the record to ascertain whether the jury’s conclusion rested upon a fair interpretation of the evidence, great deference must be accorded to the fact-finding function of the jury” (Tarantino v Vanguard Leasing Co., 187 AD2d 422 , 423). After hearing all of the evidence, the jury made a determination which is supported by a fair interpretation of the evidence.

We have considered the defendant’s remaining contentions and find them to be without merit. Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.