Mercaldo v. County of Suffolk

Appellate Division of the Supreme Court of New York

Mercaldo v. County of Suffolk

306 A.D.2d 256, 760 N.Y.S.2d 354

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

DecidedJune 2, 2003

StatusPublished

This text of 306 A.D.2d 256 (Mercaldo v. County of Suffolk) 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

Mercaldo v. County of Suffolk, 306 A.D.2d 256, 760 N.Y.S.2d 354 (N.Y. Ct. App. 2003).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), entered April 12, 2002, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

[257]*257It is well settled that a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial granted unless “the jury could not have reached the verdict on any fair interpretation of the evidence” (Nicastro v Park, 113 AD2d 129, 134 [1985] [internal quotation marks omitted]). In the instant case, there is no basis to overturn the verdict (see Yacobellis v National Amusements, 289 AD2d 485 [2001]; Nicastro v Park, supra). Santucci, J.P., Goldstein, H. Miller and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), entered April 12, 2002, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

[257]*257It is well settled that a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial granted unless “the jury could not have reached the verdict on any fair interpretation of the evidence” (Nicastro v Park, 113 AD2d 129, 134 [1985] [internal quotation marks omitted]). In the instant case, there is no basis to overturn the verdict (see Yacobellis v National Amusements, 289 AD2d 485 [2001]; Nicastro v Park, supra). Santucci, J.P., Goldstein, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

306 A.D.2d 256, 760 N.Y.S.2d 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercaldo-v-county-of-suffolk-nyappdiv-2003.

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