Noble v. Ackerman

Defendant argues that the evidence is insufficient to sustain a finding that plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (d). In any event, he contends, the issue should have been submitted to the jury as a question of fact.

The Court is required to review the evidence in the light most favorable to the party prevailing at trial (Perez v Rousseau, 190 AD2d 1040, 1040-1041), and the verdict should not be set aside unless it could not have been reached upon any fair interpretation of the evidence or unless the verdict is not one that reasonable persons could…