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Toriola v Ngan Sek Kong
2003 NY Slip Op 51596(U)
Decided on December 9, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 9, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, PJ., GOLIA and RIOS, JJ.
NO. 2003-149 K C

TITUS TORIOLA and ROSEMARIE TORIOLA, Appellants, -

against

NGAN SEK KONG, Respondent.


Appeal by plaintiffs from a judgment of the Civil Court, Kings County (P. Sweeney, J.), entered December 5, 2002, after a jury trial on the issue of liability, in favor of defendant, dismissing their complaint.


Judgment unanimously affirmed without costs.

Plaintiffs brought an action to recover damages for personal injuries sustained by plaintiff Titus Toriola in an automobile accident allegedly involving a vehicle owned and operated by defendant. Following a trial on the issue of liability, the jury rendered a verdict in favor of defendant.

We have considered the plaintiffs' contentions on appeal and find them to be without merit. Furthermore, upon a review of the record, we find that the jury verdict was supported by legally sufficient evidence and was not contrary to the weight of the evidence (see e.g. Cohen v Hallmark Cards, 45 NY2d 493 [1978]).
Decision Date: December 09, 2003