| Spagnoli-Scheman v Bellew |
| 2012 NY Slip Op 00005 [91 AD3d 414] |
| January 3, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Donna Spagnoli-Scheman et al., Appellants, v Thomas G. Bellew et al., Respondents. |
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Martin, Fallon & Mulle, Huntington (Michael P. Ross of counsel), for respondents.
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]). Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.