Appellate Division of the Supreme Court of New York, 2011

Hall v. New York City Board of Education

Hall v. New York City Board of Education
Appellate Division of the Supreme Court of New York · Decided March 10, 2011
82 A.D.3d 512; 918 N.Y.2d 875
Hall v. New York City Board of Education

Opinion of the Court

The verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). The jury was presented with conflicting expert testimony and issues respecting infant plaintiffs credibility and its resolution of such issues is entitled to deference (id. at 206-207). Furthermore, the record presents ample evidence from which the jury could fairly infer that infant plaintiff did not sustain any psychological injuries as a result of the incident (see Rivera v City of New York, 40 AD3d 334, 343-344 [2007].) Concur — Saxe, J.P, Friedman, Acosta, DeGrasse and Richter, JJ.

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