Majority
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Milano, J.), entered May 23, 2000, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against her.
Ordered that the judgment is affirmed, with costs.
A court has the power to “set aside a jury verdict and grant a new trial when the jury’s determination is palpably incorrect and a substantial injustice would be done if the verdict were sustained” (Kaminski v Modern Italian Bakery, 270 AD2d 232 [internal quotation marks omitted]; see, Nordhauser v New York City Health & Hosps. Corp., 176 AD2d 787 , 789). The verdict was not against the weight of the evidence, as the jury properly assessed the witnesses, the accuracy of their testimony, and the discrepancies therein (see, Teneriello v Travelers Cos., 264 AD2d 772 ).
Furthermore, the evidence adduced at trial was insufficient to establish a prima facie violation of Vehicle and Traffic Law
Cases cited
- Kaminski v. Modern Italian Bakery of West Babylon 270 AD2d 232 p. 341
- Nordhauser v. New York City Health & Hospitals Corp. 176 AD2d 787 at 789 p. 341
- Teneriello v. Travelers Companies 264 AD2d 772 p. 341
- Cotter v. Spear 139 AD2d 555 p. 342