Hall v New York City Bd. of Educ., 2011 NY Slip Op 01739 [82 AD3d 512]

March 10, 2011

Appellate Division, First Department

— [*1]

Alexander J. Wulwick, New York, for appellants.

Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 15, 2009, which, in an action alleging that infant plaintiff suffered psychological injuries as a result of a schoolyard incident with another classmate while they were in the first grade, denied plaintiff’s motion to set aside the jury’s verdict in favor of defendant, unanimously affirmed, without costs.

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 plaintiff’s 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 [*2] 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..