Mount Vernon Fire Insurance v. Mott

Appellate Division of the Supreme Court of New York

Mount Vernon Fire Insurance v. Mott

216 A.D.2d 546, 628 N.Y.S.2d 579, 1995 N.Y. App. Div. LEXIS 7094

Appellate Division of the Supreme Court of the State of New York·Decided June 26, 1995·Published

Opinion

In an action to recover insurance premiums due under a liability insurance policy, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered November 15, 1993, which, upon a special jury verdict pursuant to CPLR 4111 (b), is in favor of the plaintiff in the total amount of $69,705.35.

Ordered that the order and judgment is affirmed, with costs.

"In reviewing the record to ascertain whether the jury’s conclusion rested upon a fair interpretation of the evidence, great deference must be accorded to the fact-finding function of the jury” (Tarantino v Vanguard Leasing Co., 187 AD2d 422, 423). After hearing all of the evidence, the jury made a determination which is supported by a fair interpretation of the evidence.

We have considered the defendant’s remaining contentions and find them to be without merit. Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

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In an action to recover insurance premiums due under a liability insurance policy, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered November 15, 1993, which, upon a special jury verdict pursuant to CPLR 4111 (b), is in favor of the plaintiff in the total amount of $69,705.35.

Ordered that the order and judgment is affirmed, with costs.

"In reviewing the record to ascertain whether the jury’s conclusion rested upon a fair interpretation of the evidence, great deference must be accorded to the fact-finding function of the jury” (Tarantino v Vanguard Leasing Co., 187 AD2d 422, 423). After hearing all of the evidence, the jury made a determination which is supported by a fair interpretation of the evidence.

We have considered the defendant’s remaining contentions and find them to be without merit. Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

Mount Vernon Fire Insurance v. Mott, 216 A.D.2d 546, 628 N.Y.S.2d 579, 1995 N.Y. App. Div. LEXIS 7094 (N.Y. Ct. App. 1995).

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216 A.D.2d 546 (Mount Vernon Fire Insurance v. Mott) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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