Schecter v. Downing

Appellate Division of the Supreme Court of New York

Schecter v. Downing

270 A.D.2d 328, 705 N.Y.S.2d 234, 2000 N.Y. App. Div. LEXIS 2698

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

DecidedMarch 13, 2000

StatusPublished

This text of 270 A.D.2d 328 (Schecter v. Downing) 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

Schecter v. Downing, 270 A.D.2d 328, 705 N.Y.S.2d 234, 2000 N.Y. App. Div. LEXIS 2698 (N.Y. Ct. App. 2000).

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Opinion

—In an action, inter alia, to recover damages for wrongful death, the plaintiff, June Schecter, as administrator of the estate of Steven Jeffrey Schecter, deceased, appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered December 1, 1998, which, upon a jury verdict, and upon the denial of her motion pursuant to CPLR 4404 to set aside the verdict, is in favor of the defendants and against her, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, the trial court did not err in denying her motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence as the jury’s verdict was based upon a fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129). O’Brien, J. P., Sullivan, Goldstein and H. Miller, JJ., concur.

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—In an action, inter alia, to recover damages for wrongful death, the plaintiff, June Schecter, as administrator of the estate of Steven Jeffrey Schecter, deceased, appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered December 1, 1998, which, upon a jury verdict, and upon the denial of her motion pursuant to CPLR 4404 to set aside the verdict, is in favor of the defendants and against her, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, the trial court did not err in denying her motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence as the jury’s verdict was based upon a fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129). O’Brien, J. P., Sullivan, Goldstein and H. Miller, JJ., concur.

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Bluebook (online)

270 A.D.2d 328, 705 N.Y.S.2d 234, 2000 N.Y. App. Div. LEXIS 2698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schecter-v-downing-nyappdiv-2000.

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