KILEY v. ALMAR, INC

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

It is well settled that for a court to conclude that a jury verdict is unsupported "by sufficient evidence as a matter of law, there must be `no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial'" ( Nicastro v. Park, 113 A.D.2d 129, 132, quoting Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499). Moreover, a jury verdict will not be set aside as against the weight of the evidence unless it could not have been reached on any fair interpretation of the evidence ( see Nicastro v. Park, supra at 134). In this case, there was no basis to overturn the verdict ( see Nicastro v. Park, supra).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.