—[*1] Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Elizabeth A. Kraengel of counsel), for plaintiff-appellant.

Brown & Kelly, LLP, Buffalo (Ryan J. Mills of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered December 9, 2010 in a personal injury action. The judgment, entered upon a jury verdict in favor of defendant and against plaintiff, awarded defendant costs and disbursements.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that she sustained when she fell upon stepping in a gap in the concrete at a service station owned and operated by defendant. The jury returned a verdict of no cause of action, and Supreme Court denied plaintiff's post-trial motion to set aside the verdict as against the weight of the evidence and for a new trial. Contrary to plaintiff's contention, the verdict is not against the weight of the evidence, i.e., it cannot be said that "the preponderance of the evidence in favor of [plaintiff] is so great that the verdict could not have been reached upon any fair interpretation of the evidence" (Dannick v County of Onondaga, 191 AD2d 963, 964 [1993]; see generally Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.