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MICHAEL P. FARRELL, ETC., APPELLANT, v. STEVEN M. LEWARN, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to set aside the verdict as against the weight of the evidence because it was based upon a fair interpretation of the evidence (see, Haim v. Castro, 272 A.D.2d 574 [2d Dept., Apr. 4, 2000]). Additionally, under the circumstances of this case, the jury's finding that the defendants were negligent but that this negligence was not a proximate cause of the accident was not inconsistent (see, Campbell v. Crimi, 267 A.D.2d 343).

The plaintiff's remaining contention is without merit.

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FARRELL v. LEWARN
(Sep 25, 2000)