Ordered that the appeal by the defendant Joseph Panzarino, Jr., is dismissed, as that defendant is not aggrieved by the judgment appealed from ( see CPLR 5511); and it is further,
Ordered that the judgment is affirmed insofar as appealed from by the defendant Sharon Panzarino; and it is further,
Ordered that one bill of costs is awarded to the respondent.
CPLR 4404 (a) provides that a jury verdict should be set aside as against the weight of the evidence only where it could not have been reached upon a fair interpretation of the evidence ( see Nicastro v. Park, 113 AD2d 129). The plaintiff presented evidence that the defendants' decedent purchased an additional 20% interest in a family lumber business using a $50,000 loan from the plaintiff which was made in the form of two checks in the sums of $15,000 and $35,000. The jury, which was in the best position to assess the credibility of the witnesses, based its verdict upon a fair interpretation of the evidence presented ( see Pedroza v. City of New York, 289 AD2d 315; Teneriello v. Travelers Cos., 264 AD2d 772).
Further, the Supreme Court properly calculated interest from the date of the plaintiff's demand as established by the testimony at trial ( see CPLR 5001; Mattes v. Rubinberg, 220 AD2d 391, 394; Bowne Co. v. Scileppi, 99 AD2d 440; Paully v. Harrison, 35 AD2d 543).
Sharon Panzarino's remaining contentions are without merit.