Majority
—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.
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 AD2d 129 , 134; Delgado v Board of Educ., 65 AD2d 547 , affd 48 NY2d 643 ). In the present case, there is no basis to set aside the verdict. Goldstein, J. P., Florio, Luciano and H. Miller, JJ., concur.
Cases cited
- Nicastro v. Park 113 AD2d 129 at 134 p. 634
- Delgado v. Board of Education of Union Free School District No. 1 65 AD2d 547 p. 634
- Delgado v. Board of Education of Union Free School District No. 1 48 NY2d 643 p. 634