| Babajanov v Yun Sang Ma |
| 2010 NY Slip Op 07700 [77 AD3d 862] |
| October 26, 2010 |
| Appellate Division, Second Department |
| Yehuda Babajanov, Appellant, v Yun Sang Ma et al.,Respondents. |
—[*1] Ryan, Perrone & Hartlein, P.C., Mineola, N.Y. (William D. Hartlein and William T. Ryan ofcounsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment ofthe Supreme Court, Queens County (Dollard, J.), entered May 27, 2009, which, upon a juryverdict on the issue of liability, is in favor of the defendants and against him.
Ordered that the judgment is affirmed, with costs.
A jury verdict should not be set aside as against the weight of the evidence unless the jurycould not have reached the verdict by any fair interpretation of the evidence (see Lolik v BigV Supermarkets, 86 NY2d 744, 746 [1995]; Nicastro v Park, 113 AD2d 129, 134,136 [1985]). Whether a jury verdict should be set aside as contrary to the weight of the evidencedoes not involve a question of law, but rather requires a discretionary balancing of many factors(see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]; Nicastro v Park, 113AD2d at 133).
Here, the plaintiff and the defendant driver gave two conflicting factual accounts of themanner in which the subject accident occurred. Contrary to the plaintiff's contention, the jury wasjustified in crediting the defendant driver's version of events. Under the circumstances, the jury'sdetermination that the plaintiff's violation of Rules of City of New York Department ofTransportation (34 RCNY) § 4-03 (c) (3) and § 4-04 (b) (2) constituted the soleproximate cause of the accident was supported by a fair interpretation of the evidence. Rivera,J.P., Angiolillo, Chambers and Austin, JJ., concur.