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

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

DecidedNovember 17, 1998

StatusPublished

Cited by4 cases

This text of 255 A.D.2d 195 (Moreno v. Thaler) 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

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).

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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.

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Bluebook (online)

255 A.D.2d 195, 679 N.Y.S.2d 814, 1998 N.Y. App. Div. LEXIS 12429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreno-v-thaler-nyappdiv-1998.

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