Appeal from a judgment of the Supreme Court (Harris, J.), entered May 26, 1994 in Rensselaer County, upon a verdict rendered in favor of plaintiffs.
From 1952 until 1970, plaintiff John Zalinka (hereinafter Zalinka) was employed at the Watervliet Arsenal in the City of
Ultimately, plaintiffs negotiated settlements with all of the defendants except Owens-Corning Fiberglass Corporation (hereinafter OCF). Following a jury trial, a verdict was rendered in favor of plaintiffs wherein the jury determined that OCF was liable for the full amount of the damages assessed. As a result, judgment was entered reducing OCF’s liability, presumably by the amount of the proceeds of plaintiffs’ settlement with the other defendants. OCF now appeals.
We affirm. In order for OCF to prevail, it must appear upon a fair interpretation of the evidence that no valid line of reasoning or set of permissible inferences exist that would permit the jurors to arrive at the verdict reached (see, Cohen v Hallmark Cards,
We further reject the contention that the jury’s determination that OCF was solely responsible for Zalinka’s injuries is not supported by any fair interpretation of the evidence. Where, as here, plaintiffs demonstrate liability on the part of a nonsettling defendant, the burden shifts to that defendant to establish the equitable share of culpability attributable to each of the settling defendants (see, Bigelow v Acands, Inc.,
Mikoll, J. P., Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, with costs.
