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Himed v. Grady

243 A.D.2d 402 Court N.Y. App. Div. Decision date 1997-10-28 English

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p. 402
Abdo Himed, Respondent, v Patricia Grady, Appellant.
[664 NYS2d 554]

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered August 29, 1996, which, after a jury trial, awarded plaintiff the principal sum of $131,548, unanimously affirmed, with costs.

The verdict is supported by a fair interpretation of the evidence (see, Martin v McLaughlin, 162 AD2d 181 , 184) and we decline to disturb it. It was for the jury to determine what weight, if any, should be given the very limited testimony of the police witness (see, Klein v Benrubi, 60 AD2d 548 , 548-549). We also decline to reduce the award since it does not deviate materially from what is reasonable compensation under the circumstances (see, CPLR 5501 [c]). We have considered defendant’s remaining arguments and find them to be without merit. Concur—Ellerin, J. P., Rubin, Tom, Mazzarelli and Andrias, JJ.