DESIMONE v. ROYAL

Ordered that the judgment and the order are affirmed, with one bill of costs.

By failing to move for a directed verdict pursuant to CPLR 4401 on the issue of whether the plaintiff sustained a "serious injury" under Insurance Law § 5102 (d), the defendants implicitly conceded that the issue was for the trier of fact ( see Miller v Miller, 68 NY2d 871, 873; Hurley v Cavitolo, 239 AD2d 559). Furthermore, the jury verdict finding, inter alia, that the plaintiff sustained a "significant limitation of use of a body function or system" should not be set aside as against the weight of the evidence, as it could have been reached on a fair interpretation of the evidence ( see Bendersky v M O Enters. Corp., 299 AD2d 434, 435). Lastly, the jury award of damages for the plaintiff's rotator cuff injury and herniated cervical disc did not deviate from what would be reasonable compensation ( see CPLR 5501; Severin v Benenati, 251 AD2d 316, 317).