SIDERIS v. TOWN OF HUNTINGTON

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 of the credibility of the witnesses is 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). The verdict in the defendant's favor is supported by a fair interpretation of the evidence.

The court did not improvidently exercise its discretion in excluding evidence of prior accidents at the site occurring under conditions which were not substantially similar to those of the instant accident ( see, Hyde v. County of Rensselaer, 51 N.Y.2d 927, 929; Meagher v. ARA Servs., 235 A.D.2d 404).

Bracken, J.P., Santucci, Goldstein and Luciano, JJ., concur.