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FARAHMANDPOUR v. SINGER

Appellate Division of the Supreme Court of New York, Second Department.
Feb 2, 1998
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Ordered that the judgment is affirmed, with costs.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129). Determinations as to the credibility of the witnesses are for the fact-finder, who had the opportunity to see and hear the witnesses ( See, Frangello v. Namm, 157 A.D.2d 649; Birnbaum v. All-State Vehicle, 139 A.D.2d 553; Sheps v. Hall Co., 112 A.D.2d 281). A review of the evidence in this case demonstrates that a fair basis existed for the verdict in the defendant's favor.

We find unpersuasive the plaintiff's contention that he was deprived of a fair trial by the trial court's conduct. Contrary to the plaintiff's contention, the court did not improvidently exercise its discretion in limiting cross-examination of the defendant with respect to alleged inconsistent statements ( see, People v. Duncan, 46 N.Y.2d 74, cert denied 442 U.S. 910).

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPLR 5501) or do not warrant reversal.

Mangano, P.J., Joy, Altman and Luciano, JJ., concur.