Felumero v. City of New York

Appellate Division of the Supreme Court of New York

Felumero v. City of New York

261 A.D.2d 571, 688 N.Y.S.2d 911, 1999 N.Y. App. Div. LEXIS 5665

Appellate Division of the Supreme Court of the State of New York·Decided May 24, 1999·Published

Opinion

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), dated January 30, 1998, which, upon a jury verdict finding it 50% at fault in the happening of the accident, is in favor of the plaintiff and against it in the principal sum of $513,345.

Ordered that the judgment is reversed, on the law and the [572]*572facts, and a new trial on both liability and damages is granted, with costs to abide the event.

The instant judgment must be reversed and a new trial held because the jury’s verdict on liability could not have been reached on any fair interpretation of the evidence adduced at trial (see, e.g., Lolik v Big V Supermarkets, 86 NY2d 744; Briccio v Disbrow, 212 AD2d 565; Nicastro v Park, 113 AD2d 129). Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), dated January 30, 1998, which, upon a jury verdict finding it 50% at fault in the happening of the accident, is in favor of the plaintiff and against it in the principal sum of $513,345.

Ordered that the judgment is reversed, on the law and the [572]*572facts, and a new trial on both liability and damages is granted, with costs to abide the event.

The instant judgment must be reversed and a new trial held because the jury’s verdict on liability could not have been reached on any fair interpretation of the evidence adduced at trial (see, e.g., Lolik v Big V Supermarkets, 86 NY2d 744; Briccio v Disbrow, 212 AD2d 565; Nicastro v Park, 113 AD2d 129). Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.

Felumero v. City of New York, 261 A.D.2d 571, 688 N.Y.S.2d 911, 1999 N.Y. App. Div. LEXIS 5665 (N.Y. Ct. App. 1999).

Pincite

261 A.D.2d 571 (Felumero v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related