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Jacqlene C. Hall, an Infant, by Her Mother and Natural Guardian, Sabrina C. Tolbert, et al., Appellants, v. New York City Board of Education, Respondent

New York Supreme Court, Appellate Division2011-03-10
82 A.D.3d 512918 N.Y.S.2d 875

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Opinion

majority opinion

The verdict was based upon a fair interpretation of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [2004]). The jury was presented with conflicting expert testimony and issues respecting infant plaintiffs credibility and its resolution of such issues is entitled to deference (id. at 206-207). Furthermore, the record presents ample evidence from which the jury could fairly infer that infant plaintiff did not sustain any psychological injuries as a result of the incident (see Rivera v City of New York, 40 AD3d 334, 343-344 [2007].) Concur — Saxe, J.P, Friedman, Acosta, DeGrasse and Richter, JJ.