New York Supreme and/or Appellate Courts Appellate Division, First Department
January 3, 2012
DONNA SPAGNOLI-SCHEMAN, ET AL.,
THOMAS G. BELLEW, ET AL.,
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 ). 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 ; see Crespo v Chan, 54 AD3d 621 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 3, 2012
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