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SALVATORE BRUGELLIS, Appellant, v. EARL L. BATTS et al., Respondents.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff claimed to have been rendered totally and permanently disabled as a result of an automobile accident in 1975. However, his credibility was severely damaged by the defendants' introduction of photographic and videotaped evidence which contradicted his claim. Since it is the jury's function to assess credibility and their verdict herein was based on a reasonable interpretation of the evidence presented, that is, that the plaintiff was actually able to and did work, it will not be disturbed (see, Sheps v Hall Co., 112 A.D.2d 281). Brown, J.P., Niehoff, Eiber and Sullivan, JJ., concur.

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BRUGELLIS v. BATTS
(Apr 6, 1987)