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KALMETA v. POELKER

56 A.D.3d 429 (2008)

866 N.Y.S.2d 574

SALVATORE KALMETA et al., Respondents, v. CHARLES R. POELKER et al., Defendants and Third-Party Plaintiffs-Appellants. NEW YORK CITY DEPARTMENT OF SANITATION et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 5, 2008.

Ordered that the interlocutory judgment is affirmed; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs-respondents.

Although the parties introduced alternative versions of the manner in which the accident occurred, the jury was entitled to credit the version offered by the injured plaintiff (see Rahman v Smith, 40 A.D...

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