Moreno v. Thaler

Appellate Division of the Supreme Court of New York

Moreno v. Thaler

255 A.D.2d 195, 679 N.Y.S.2d 814, 1998 N.Y. App. Div. LEXIS 12429

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1998·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, New York [196]*196County (Barbara Kapnick, J.), entered February 18, 1997, which granted plaintiffs’ motion to set aside the verdict and directed a new trial on all issues, unanimously affirmed, without costs.

Although it did not explicitly so state, it is clear that the trial court concluded, correctly, that in view of the sharply conflicting evidence on the issue of causation, plaintiff’s serious injury and the jury’s inexplicably low award therefor, it was highly likely that the verdict was a compromise verdict, and properly directed a new trial on all issues (see, Sheffield v New York City Hous. Auth., 200 AD2d 369). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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—Order, Supreme Court, New York [196]*196County (Barbara Kapnick, J.), entered February 18, 1997, which granted plaintiffs’ motion to set aside the verdict and directed a new trial on all issues, unanimously affirmed, without costs.

Although it did not explicitly so state, it is clear that the trial court concluded, correctly, that in view of the sharply conflicting evidence on the issue of causation, plaintiff’s serious injury and the jury’s inexplicably low award therefor, it was highly likely that the verdict was a compromise verdict, and properly directed a new trial on all issues (see, Sheffield v New York City Hous. Auth., 200 AD2d 369). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

Moreno v. Thaler, 255 A.D.2d 195, 679 N.Y.S.2d 814, 1998 N.Y. App. Div. LEXIS 12429 (N.Y. Ct. App. 1998).

Pincite

255 A.D.2d 195 (Moreno v. Thaler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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