Fleet v. Major Systems, Inc.

129 A.D.3d 774, 9 N.Y.S.3d 880
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 10, 2015
Docket2013-04307
StatusPublished

This text of 129 A.D.3d 774 (Fleet v. Major Systems, 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
Fleet v. Major Systems, Inc., 129 A.D.3d 774, 9 N.Y.S.3d 880 (N.Y. Ct. App. 2015).

Opinion

In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Mayer, J.), dated January 11, 2013, which, upon a jury verdict in favor *775 of the defendant and against them, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

In this case, there is a valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence presented at the trial (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]; Sokolik v Pateman, 114 AD3d 839, 840 [2014]). Further, a fair interpretation of the evidence supported the jury’s determination that the defendant was not negligent (see Nicastro v Park, 113 AD2d 129, 134-135 [1985]).

The Supreme Court providently exercised its discretion in precluding certain documents from being admitted into evidence, since the plaintiffs failed to present an adequate foundation for the admission of those documents, which were, in any event, not relevant to the issues before the jury.

The plaintiffs’ remaining contention is without merit.

Hall, J.P., Sgroi, Miller and Hinds-Radix, JJ., concur.

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Related

Cohen v. Hallmark Cards, Inc.
382 N.E.2d 1145 (New York Court of Appeals, 1978)
Nicastro v. Park
113 A.D.2d 129 (Appellate Division of the Supreme Court of New York, 1985)
Sokolik v. Pateman
114 A.D.3d 839 (Appellate Division of the Supreme Court of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
129 A.D.3d 774, 9 N.Y.S.3d 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleet-v-major-systems-inc-nyappdiv-2015.