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SPAGNOLI-SCHEMAN v. BELLEW

6444, 6077/05

91 A.D.3d 414 (2012)

935 N.Y.S.2d 510

2012 NY Slip Op 5

DONNA SPAGNOLI-SCHEMAN et al., Appellants, v. THOMAS G. BELLEW et al., Respondents.

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

Decided January 3, 2012.

The jury's verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 205-206 [2004]). There was conflicting expert testimony regarding whether plaintiff Spagnoli-Scheman sustained serious injuries within the meaning of Insurance Law § 5102 (d), and the jury was "entitled to accept or reject" the testimony of plaintiffs' experts "in whole or in part" (Crooms...

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