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Peskin v. City of New York

297 A.D.2d 316, 746 N.Y.2d 267, 746 N.Y.S.2d 267, 2002 N.Y. App. Div. LEXIS 7924
Appellate Division of the Supreme Court of the State of New York·Decided August 12, 2002·Published

Opinion

[317] Contrary to the defendant’s contention, the Supreme Court correctly denied that branch of its motion which was to set aside the verdict pursuant to CPLR 4404 (a). The jury could have reached its determination on a fair interpretation of the evidence presented with consideration given to the credibility of the witnesses and the drawing of reasonable inferences therefrom (see Cohen v Hallmark Cards, 45 NY2d 493; Pomaro v McKeon, 228 AD2d 572; Nicastro v Park, 113 AD2d 129).

The amount of damages awarded by the jury deviated materially from what would be reasonable compensation to the extent indicated herein (see CPLR 5501 [c]; Zavurov v City of New York, 241 AD2d 491). S. Miller, J.P., Schmidt, Adams and Townes, JJ., concur.

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Peskin v. City of New York, 297 A.D.2d 316, 746 N.Y.2d 267, 746 N.Y.S.2d 267, 2002 N.Y. App. Div. LEXIS 7924 (N.Y. Ct. App. 2002).

297 A.D.2d 316 (Peskin v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Cohen v. Hallmark Cards, Inc.
382 N.E.2d 1145 (New York Court of Appeals, 1978)
Nicastro v. Park
113 A.D.2d 129 (Appellate Division of the Supreme Court of New York, 1985)
Pomaro v. McKeon
228 A.D.2d 572 (Appellate Division of the Supreme Court of New York, 1996)
Zavurov v. City of New York
241 A.D.2d 491 (Appellate Division of the Supreme Court of New York, 1997)