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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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 12, 2002
StatusPublished

This text of 297 A.D.2d 316 (Peskin v. City of New York) 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
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).

Opinion

[317]*317Contrary 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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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)

Cite This Page — Counsel Stack

Bluebook (online)
297 A.D.2d 316, 746 N.Y.2d 267, 746 N.Y.S.2d 267, 2002 N.Y. App. Div. LEXIS 7924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peskin-v-city-of-new-york-nyappdiv-2002.