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LEA CORACI, etc., et al., Appellants, v. KERRI A. SLAVIN, et al., Respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

It is well settled that a jury verdict will not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129, 134 ). Moreover, it is for the triers of fact to make determinations as to the credibility of the witnesses (see, Delay v. Rhinehart, 176 A.D.2d 1211 ) and great deference is accorded to the triers of fact, who had the opportunity to see and hear the witnesses (see, Salazar v. Fisher, 147 A.D.2d 470 ).

The jury's determination that the defendant Kerri A. Slavin was not negligent in the operation of her vehicle was based upon a fair interpretation of the evidence. The jury could have fairly determined that Slavin had slightly less than two seconds to react from the time the injured plaintiff entered the roadway until she was struck by Slavin's vehicle, and that the light was against the infant plaintiff when she stepped into the roadway.

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CORACI v. SLAVIN
(Mar 27, 2000)