| Crespo v Chan |
| 2008 NY Slip Op 07037 [54 AD3d 621] |
| September 23, 2008 |
| Appellate Division, First Department |
| Elias Crespo, Appellant, v Kwon F. Chan et al.,Respondents. |
—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York (Stacy R. Seldin of counsel), forrespondents.
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered May 11, 2007,which denied plaintiff's motion to set aside a jury verdict in defendants' favor, unanimouslyaffirmed, without costs.
A fair interpretation of the evidence in this action arising out of an alleged motor vehicleaccident supports the finding that the vehicle in which plaintiff was a passenger and the vehicledriven by defendant Phan never even came into contact, as defendant Phan testified.Accordingly, the jury reasonably could have concluded that defendant Phan did not cause theinjury to plaintiff's right arm that plaintiff claimed he suffered (see McDermott v Coffee Beanery, Ltd.,9 AD3d 195, 206 [2004]). Issues of credibility are for the jury and its resolution of suchissues is entitled to deference (see Whitev New York City Tr. Auth., 40 AD3d 297, 297-298 [2007]). Furthermore, the evidenceshows that it was reasonable to conclude that Phan exercised due care when checking the trafficconditions prior to backing his taxi out of an angled-in parking space. Concur—Lippman,P.J., Tom, Williams, McGuire and Freedman, JJ.