Siciliano v. Middletown Park Manor Health Facility, LLC

Appellate Division of the Supreme Court of New York

Siciliano v. Middletown Park Manor Health Facility, LLC

54 A.D.3d 403, 862 N.Y.S.2d 294

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

DecidedAugust 19, 2008

StatusPublished

This text of 54 A.D.3d 403 (Siciliano v. Middletown Park Manor Health Facility, LLC) 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

Siciliano v. Middletown Park Manor Health Facility, LLC, 54 A.D.3d 403, 862 N.Y.S.2d 294 (N.Y. Ct. App. 2008).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), entered January 23, 2007, which, upon a jury verdict on the issue of liability finding the defendants 100% at fault in the happening of the accident and a jury verdict on the issue of damages, and upon the denial of their motion pursuant to CPLR 4401, made at the close of the plaintiffs case, for judgment as a matter of law for failure to make out a prima facie case and the denial of their motion pursuant to CPLR 4404 to set aside the verdict and for a new trial, is in favor of the plaintiff and against them.

Ordered that the judgment is reversed, on the facts, the motion pursuant to CPLR 4404 to set aside the verdict and for a new trial is granted, and a new trial is granted, with costs to abide the event.

The verdict could not have been reached on any fair interpretation of the evidence, and cannot be reconciled with a reasonable view of the evidence (see Zito v City of New York, 49 AD3d 872 [2008]; Martin v New York City Tr. Auth., 48 AD3d 522 [2008]). Accordingly, the liability verdict was against the weight of the evidence.

The defendants’ remaining contentions either are without merit or, in light of our determination, need not be reached. Fisher, J.E, Ritter, Florio and Garni, JJ., concur.

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In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), entered January 23, 2007, which, upon a jury verdict on the issue of liability finding the defendants 100% at fault in the happening of the accident and a jury verdict on the issue of damages, and upon the denial of their motion pursuant to CPLR 4401, made at the close of the plaintiffs case, for judgment as a matter of law for failure to make out a prima facie case and the denial of their motion pursuant to CPLR 4404 to set aside the verdict and for a new trial, is in favor of the plaintiff and against them.

Ordered that the judgment is reversed, on the facts, the motion pursuant to CPLR 4404 to set aside the verdict and for a new trial is granted, and a new trial is granted, with costs to abide the event.

The verdict could not have been reached on any fair interpretation of the evidence, and cannot be reconciled with a reasonable view of the evidence (see Zito v City of New York, 49 AD3d 872 [2008]; Martin v New York City Tr. Auth., 48 AD3d 522 [2008]). Accordingly, the liability verdict was against the weight of the evidence.

The defendants’ remaining contentions either are without merit or, in light of our determination, need not be reached. Fisher, J.E, Ritter, Florio and Garni, JJ., concur.

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Bluebook (online)

54 A.D.3d 403, 862 N.Y.S.2d 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siciliano-v-middletown-park-manor-health-facility-llc-nyappdiv-2008.

Opinion

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