Spagnoli-Scheman v Bellew

Spagnoli-Scheman v Bellew 2012 NY Slip Op 00005 Decided on January 3, 2012 Appellate Division, First Department 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.
6444 6077/05

[*1]Donna Spagnoli-Scheman, et al., Plaintiffs-Appellants,

v

Thomas G. Bellew, et al., Defendants-Respondents.




Scarcella Law Offices, White Plains (M. Sean Duffy of
counsel), for appellants.
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]).

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

ENTERED: JANUARY 3, 2012

CLERK