Ewanitsko v. Verdi Equities, Inc.

Appellate Division of the Supreme Court of New York

Ewanitsko v. Verdi Equities, Inc.

31 A.D.3d 493, 818 N.Y.S.2d 254

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

DecidedJuly 11, 2006

StatusPublished

This text of 31 A.D.3d 493 (Ewanitsko v. Verdi Equities, Inc.) 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

Ewanitsko v. Verdi Equities, Inc., 31 A.D.3d 493, 818 N.Y.S.2d 254 (N.Y. Ct. App. 2006).

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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 (Galasso, J.), entered May 7, 2004, which, upon a jury verdict in favor of the defendant and upon the denial of their motion pursuant to CFLR 4404 (a) to set aside the verdict as against the weight of the evidence, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is reversed, on the facts, the motion is granted, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

[494]*494The verdict in favor of the defendant could not have been reached on any fair interpretation of the evidence, and was thus against the weight of the evidence (see Nicastro v Park, 113 AD2d 129, 134 [1985]). Based on the evidence presented, it cannot fairly be concluded that the area of the dance floor upon which the plaintiff Joanne Ewanitsko slipped and fell was in a reasonably safe condition. Consequently, the motion to set aside the verdict should have been granted.

In light of the foregoing, the plaintiffs’ remaining contention is academic. Crane, J.P., Luciano, Skelos and Fisher, 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 (Galasso, J.), entered May 7, 2004, which, upon a jury verdict in favor of the defendant and upon the denial of their motion pursuant to CFLR 4404 (a) to set aside the verdict as against the weight of the evidence, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is reversed, on the facts, the motion is granted, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

[494]*494The verdict in favor of the defendant could not have been reached on any fair interpretation of the evidence, and was thus against the weight of the evidence (see Nicastro v Park, 113 AD2d 129, 134 [1985]). Based on the evidence presented, it cannot fairly be concluded that the area of the dance floor upon which the plaintiff Joanne Ewanitsko slipped and fell was in a reasonably safe condition. Consequently, the motion to set aside the verdict should have been granted.

In light of the foregoing, the plaintiffs’ remaining contention is academic. Crane, J.P., Luciano, Skelos and Fisher, JJ., concur.

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Bluebook (online)

31 A.D.3d 493, 818 N.Y.S.2d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewanitsko-v-verdi-equities-inc-nyappdiv-2006.

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