GLASSBERG v. FILCO CARTING CORP.

8989 100975/09.

102 A.D.3d 471 (2013)

958 N.Y.S.2d 123

2013 NY Slip Op 134

DAVID GLASSBERG, Appellant, v. FILCO CARTING CORP. et al., Respondents.

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

Decided January 10, 2013.


The jury's finding that defendant truck driver was not negligent in coming into contact with plaintiff bicyclist was based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [1st Dept 2004]). The jury clearly resolved issues of credibility in defendants' favor and credited the testimony of two eyewitnesses that plaintiff had been riding...

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