JENNINGS v. DeFREITAS

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion to set aside the verdict as against the weight of the evidence, as it was based upon a fair interpretation of the evidence (see, Farrell v. Lewarn, 275 A.D.2d 760; White v. Rubinstein, 255 A.D.2d 378). The jury's finding that the defendant was negligent but that his negligence was not a proximate cause of the accident is not inconsistent (see, Campbell v. Crimi, 267 A.D.2d 343; Miglino v. Supermarkets Gen. Corp., 243 A.D.2d 451).

BRACKEN, P.J., O'BRIEN, SMITH and COZIER, JJ., concur.