Cikoja v. Elstein
Cases that cite this one
2 later published cases cite this decision.
- James v. Farhood (Appellate Division of the Supreme Court of New York 2012)
- James v. Farhood (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, Bronx County (Sallie Manzanet Daniels, J.), entered October 5, 2009, dismissing the complaint, and bringing up for review an order, same court and Justice, entered July 21, 2009, which denied plaintiffs motion to set aside the jury verdict, unanimously affirmed, without costs.
The verdict was based on a fair interpretation of the evidence; issues of credibility are for the jury, whose resolution thereof is entitled to deference (see Crespo v Chan, 54 AD3d 621 [2008]). There was ample evidence from which the jury could fairly infer that plaintiff was not credible and did not sustain a serious injury to his right shoulder as a result of the 2003 automobile accident.
We have considered plaintiffs remaining contentions and find them unavailing. Concur—Tom, J.P., Saxe, DeGrasse, Freedman and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.