Hall v. New York City Board of Education — 82 A.D.3d 512

Majority

p. 512

Jacqlene C. Hall, an Infant, by Her Mother and Natural Guardian, Sabrina C. Tolbert, et al., Appellants, v New York City Board of Education, Respondent.

[918 NYS2d 875]

The verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195 , 206 [2004]). The jury was presented with conflicting expert testimony and issues respecting infant plaintiffs credibility and its resolution of such issues is entitled to deference (id. at 206-207). Furthermore, the record presents ample evidence from which the jury could fairly infer that infant plaintiff did not sustain any psychological injuries as a result of the incident (see Rivera v City of New York, 40 AD3d 334 , 343-344 [2007].) Concur — Saxe, J.P, Friedman, Acosta, DeGrasse and Richter, JJ.

Cases cited

McDermott v. Coffee Beanery, Ltd. 9 AD3d 195 N.Y. App. Div. 2004-05-20 at 206 p. 512
Rivera v. City of New York 40 AD3d 334 N.Y. App. Div. 2007-05-15 at 343-344 p. 512