Baker v. Galpine

Appellate Division of the Supreme Court of New York

Baker v. Galpine

254 A.D.2d 239, 678 N.Y.S.2d 267, 1998 N.Y. App. Div. LEXIS 10043

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1998

StatusPublished

This text of 254 A.D.2d 239 (Baker v. Galpine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Galpine, 254 A.D.2d 239, 678 N.Y.S.2d 267, 1998 N.Y. App. Div. LEXIS 10043 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated July 9, 1997, which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs’ contention, the trial court did not err in denying their motion to set aside the verdict as against the weight of the evidence since the jury could have concluded, based upon a fair interpretation of the evidence, that the de[240]*240fendant was not negligent in the operation of her automobile (see generally, Nicastro v Park, 113 AD2d 129, 134).

The plaintiffs’ remaining contentions are without merit. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated July 9, 1997, which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs’ contention, the trial court did not err in denying their motion to set aside the verdict as against the weight of the evidence since the jury could have concluded, based upon a fair interpretation of the evidence, that the de[240]*240fendant was not negligent in the operation of her automobile (see generally, Nicastro v Park, 113 AD2d 129, 134).

The plaintiffs’ remaining contentions are without merit. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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Bluebook (online)

254 A.D.2d 239, 678 N.Y.S.2d 267, 1998 N.Y. App. Div. LEXIS 10043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-galpine-nyappdiv-1998.

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