Spagnoli-Scheman v Bellew

2012 NY Slip Op 00005 [91 AD3d 414]

Jnury 3, 2012

Appellate Division, First Department

As corrected through Wednesday, February 29, 2012

Donna Spagnoli-Scheman et al., Appellants, v Thomas G.Bellew et al., Respondents.

—[*1]Scarcella Law Offices, White Plains (M. Sean Duffy of counsel), for appellants.

Martin, Fallon & Mulle, Huntington (Michael P. Ross of counsel), for respondents.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered March 2,2010, after a jury trial in an action alleging serious injuries sustained in a motor vehicle accident,dismissing the complaint, unanimously affirmed, without costs.

The jury's verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery,Ltd., 9 AD3d 195, 205-206 [2004]). There was conflicting expert testimony regardingwhether plaintiff Spagnoli-Scheman sustained serious injuries within the meaning of InsuranceLaw § 5102 (d), and the jury was "entitled to accept or reject" the testimony of plaintiffs'experts "in whole or in part" (Crooms vSauer Bros. Inc., 48 AD3d 380, 382 [2008]; see Crespo v Chan, 54 AD3d 621 [2008]).Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.