Skibola v. Structure-Tone, Inc.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered August 5, 2003, upon jury verdict, against plaintiffs in favor of defendant Structure-Tone and third-party defendant Antovel-Gelberg Painting, and dismissing the third-party complaint, unanimously affirmed, without costs.

Presented with numerous inconsistencies as to whether the accident actually happened in the manner alleged by plaintiffs, the jury was in the best position to evaluate these credibility issues (see generally Grassi v Sea Shore Rest., 2 AD3d 222 [2003]). The verdict was based on a fair interpretation of the…