| DeSalvo v Kreynin |
| 2012 NY Slip Op 03401 [95 AD3d 819] |
| May 1, 2012 |
| Appellate Division, Second Department |
| Nicholas DeSalvo, Appellant, v Joseph Kreynin,Respondent. |
—[*1] Nicolini, Paradise, Ferretti & Sabella, Mineola, N.Y. (John Ferretti of counsel), forrespondent.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment ofthe Supreme Court, Kings County (Vaughan, J.), entered February 2, 2011, which, upon a juryverdict, is in favor of the defendant and against him on the issue of liability, dismissing thecomplaint.
Ordered that the judgment is affirmed, with costs.
A jury verdict should not be set aside as contrary to 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 [1995]; Cohen v Hallmark Cards, 45 NY2d 493[1978]; Nicastro v Park, 113 AD2d 129 [1985]). " 'A jury's finding that a party was atfault but that such fault was not a proximate cause of the accident is inconsistent and against theweight of the evidence only when the issues are so inextricably interwoven as to make it logicallyimpossible to find negligence without also finding proximate cause' " (Stewart v Marte, 91 AD3d 754,755 [2012], quoting Garrett vManaser, 8 AD3d 616, 617 [2004]; see Schaefer v Guddemi, 182 AD2d 808,809 [1992]; Rubin v Pecoraro, 141 AD2d 525, 527 [1988]).
Under the circumstances presented here, the jury's determination that the defendant wasnegligent, but that his negligent operation of his vehicle was not a proximate cause the subjectaccident, was not contrary to the weight of the evidence. Mastro, A.P.J., Balkin, Sgroi andCohen, JJ., concur.