Dudek v. Call
Opinion of the Court
—Order and judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained when his vehicle was struck by a vehicle owned by defendant Paul D. Hirsch and operated by defendant Molly K. Call. Supreme Court properly denied plaintiffs motion to set aside the jury verdict on damages as against the weight of the evidence. The testimony of the experts at trial was conflicting, presenting an issue of credibility for the jury, and there is no basis in this record to disturb the jury’s resolution of that issue (see, McLean v Dessert, 267 AD2d 962). Although the court erred in precluding the testimony of plaintiffs treating psychiatrist on the issue of plaintiffs inability to work
Case-law data current through December 31, 2025. Source: CourtListener bulk data.