MONTELEONE v. SICURELLI

ORDERED that the judgment is affirmed, with costs.

"This Court has the power to `set aside a jury verdict and grant a new trial when the jury's determination is palpably incorrect and a substantial injustice would be done if the verdict were sustained'" (Kaminski v. Modern Italian Bakery of W. Babylon, 270 A.D.2d 232, citing Pinto v. Pyramid Tire, 193 A.D.2d 723, 724; see, Nordhauser v. New York City Health Hosps. Corp., 176 A.D.2d 787, 789). The verdict was not against the weight of the evidence, as the jury properly assessed the witnesses, the accuracy of their testimony, and the discrepancies therein (see, Teneriello v. Travelers Cos., 264 A.D.2d 772).