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Madtes v. Scher, 54 N.Y.S.3d 588 (2d Dept 2017)

After a jury trial on damages, the jury rendered a verdict that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).  Plaintiff appealed.  The Appellate Division affirmed, finding the verdict was not contrary to the weight of the evidence, as conflicting expert testimony was presented and jurors are entitled to accept one opinion and reject another. “A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence”. 

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