Pappas v. Zimet

Appellate Division of the Supreme Court of New York

Pappas v. Zimet

287 A.D.2d 701, 732 N.Y.S.2d 174, 2001 N.Y. App. Div. LEXIS 10048

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

DecidedOctober 29, 2001

StatusPublished

This text of 287 A.D.2d 701 (Pappas v. Zimet) 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

Pappas v. Zimet, 287 A.D.2d 701, 732 N.Y.S.2d 174, 2001 N.Y. App. Div. LEXIS 10048 (N.Y. Ct. App. 2001).

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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, Dutchess County (Beisner, J.), entered June 23, 2000, which, upon a jury verdict finding that the defendant was not at fault in the happening of the accident, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants’ contentions, the verdict was not against the weight of the evidence. The jury’s finding that the defendant was not at fault in the happening of the accident was based on a fair interpretation of the evidence, and should not be disturbed (see, Nicastro v Park, 113 AD2d 129; cf., McCusker v Huben, 253 AD2d 542). Krausman, J. P., S. Miller, Schmidt and Crane, 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, Dutchess County (Beisner, J.), entered June 23, 2000, which, upon a jury verdict finding that the defendant was not at fault in the happening of the accident, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants’ contentions, the verdict was not against the weight of the evidence. The jury’s finding that the defendant was not at fault in the happening of the accident was based on a fair interpretation of the evidence, and should not be disturbed (see, Nicastro v Park, 113 AD2d 129; cf., McCusker v Huben, 253 AD2d 542). Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.

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Bluebook (online)

287 A.D.2d 701, 732 N.Y.S.2d 174, 2001 N.Y. App. Div. LEXIS 10048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pappas-v-zimet-nyappdiv-2001.

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