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HO v. STEIN

289 A.D.2d 44 (2001)

734 N.Y.S.2d 433

CHRISTINE HO, Appellant, v. ARTHUR STEIN et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 6, 2001.

We perceive no basis to disturb the trial court's denial of a new trial, particularly in view of the court's superior opportunity to observe and evaluate the trial testimony (see, Annunziata v Colasanti, 126 A.D.2d 75, 80). Indeed, it is plain that "the jury, fairly interpreting the evidence, could have found that the [car] driver [defendant] did not violate the Vehicle and Traffic Law," and therefore, "a new trial would not be appropriate...

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