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Donna Spagnoli-Scheman, et al v. Thomas G. Bellew

January 3, 2012

DONNA SPAGNOLI-SCHEMAN, ET AL.,
PLAINTIFFS-APPELLANTS,
v.
THOMAS G. BELLEW, ET AL.,
DEFENDANTS-RESPONDENTS.



Spagnoli-Scheman v Bellew

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 3, 2012

Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered March 2, 2010, after a jury trial in an action alleging serious injuries sustained in a motor vehicle accident, dismissing the complaint, unanimously affirmed, without costs.

The jury's verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 205-206 [2004]). There was conflicting expert testimony regarding whether plaintiff Spagnoli-Scheman sustained serious injuries within the meaning of Insurance Law § 5102(d), and the jury was "entitled to accept or reject" the testimony of plaintiffs' experts "in whole or in part" (Crooms v Sauer Bros., Inc., 48 AD3d 380, 382 [2008]; see Crespo v Chan, 54 AD3d 621 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 3, 2012

CLERK

20120103

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