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CIKOJA v. ELSTEIN

4285, 16577/05.

81 A.D.3d 515 (2011)

916 N.Y.S.2d 503

MICHAEL CIKOJA, Appellant, v. ALAN R. ELSTEIN, Respondent.

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

Decided February 17, 2011.

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 A.D.3d 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...

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