Colon v. Futterman

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Greenstein, J.), entered August 17, 1994, which, after a jury trial, was in favor of the defendant on the issue of liability.

*549Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, we find that the jury verdict was based upon a fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129).

The trial court did not improvidently exercise its discretion in precluding one of the plaintiff's witnesses from testifying, since…