Mastrocola v. County of Nassau

Appellate Division of the Supreme Court of New York

Mastrocola v. County of Nassau

303 A.D.2d 655, 756 N.Y.S.2d 794

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

DecidedMarch 24, 2003

StatusPublished

This text of 303 A.D.2d 655 (Mastrocola v. County of Nassau) 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

Mastrocola v. County of Nassau, 303 A.D.2d 655, 756 N.Y.S.2d 794 (N.Y. Ct. App. 2003).

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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 (Martin, J.), dated September 24, 2001, which, upon a jury verdict in favor of the defendants and against them, dismissed the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

It is well settled that for a court to conclude that a jury verdict is unsupported by sufficient evidence as a matter of law, there must be “no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Moreover, a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial ordered unless “the jury could not have reached the verdict on any fair interpretation of the evidence” (Nicastro v Park, 113 AD2d 129, 134 [1985]). In this case, there is no basis to overturn the verdict (see Aprea v Franco, 292 AD2d 478 [2002]; Nicastro v Park, supra).

The plaintiffs’ remaining contentions either are unpreserved for appellate review or without merit. Altman, J.P., Goldstein, Luciano and H. Miller, 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 (Martin, J.), dated September 24, 2001, which, upon a jury verdict in favor of the defendants and against them, dismissed the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

It is well settled that for a court to conclude that a jury verdict is unsupported by sufficient evidence as a matter of law, there must be “no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]). Moreover, a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial ordered unless “the jury could not have reached the verdict on any fair interpretation of the evidence” (Nicastro v Park, 113 AD2d 129, 134 [1985]). In this case, there is no basis to overturn the verdict (see Aprea v Franco, 292 AD2d 478 [2002]; Nicastro v Park, supra).

The plaintiffs’ remaining contentions either are unpreserved for appellate review or without merit. Altman, J.P., Goldstein, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

303 A.D.2d 655, 756 N.Y.S.2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastrocola-v-county-of-nassau-nyappdiv-2003.

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