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MICHAEL CIKOJA, Appellant, v. ALAN R. ELSTEIN, Respondent.

The verdict was based on a fair interpretation of the evidence; issues of credibility are for the jury, whose resolution thereof is entitled to deference ( see Crespo v Chan, 54 AD3d 621). There was ample evidence from which the jury could fairly infer that plaintiff was not credible and did not sustain a serious injury to his right shoulder as a result of the 2003 automobile accident.

We have considered plaintiffs remaining contentions and find them unavailing.

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CIKOJA v. ELSTEIN
(Feb 17, 2011)