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JAMES v. FARHOOD

20797/06, 7892, 7892A, 251212/08.

96 A.D.3d 503 (2012)

947 N.Y.S.2d 11

2012 NY Slip Op 4678

CORNELIUS JAMES, Respondent, et al., Plaintiff, v. ANN FARHOOD et al., Appellants, et al., Respondent. ANWAR MIAN, Respondent, v. GARFIELD HUGULEY, Respondent, and NICHOLAS FARHOOD et al., Appellants.

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

June 12, 2012.

The apportionment of liability of 80% to Farhood and 20% to Huguley was appropriate. Where there are numerous inconsistences as to how an accident occurred, it is the jury which is in the best position to evaluate the credibility of the witnesses (see Skibola v Structure-Tone, Inc., 16 A.D.3d 238 [2005]). Moreover, the jury's resolution of issues of credibility is entitled to deference (see Cikoja v Elstein,

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