Home/Appellate Division of the Supreme Court of New York/Sweeney v. Wegman's Food Market, Inc.

Sweeney v. Wegman's Food Market, Inc.

209 A.D.2d 972, 619 N.Y.S.2d 462, 1994 N.Y. App. Div. LEXIS 11978
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 16, 1994
StatusPublished

This text of 209 A.D.2d 972 (Sweeney v. Wegman's Food Market, Inc.) 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
Sweeney v. Wegman's Food Market, Inc., 209 A.D.2d 972, 619 N.Y.S.2d 462, 1994 N.Y. App. Div. LEXIS 11978 (N.Y. Ct. App. 1994).

Opinions

—Order and judgment reversed on the law with costs, motion denied, complaint and verdict reinstated. Memorandum: Supreme Court erred in granting defendant’s motion to set aside the jury verdict. The court presented the jury with a verdict sheet that directed: "After considering all of the credible evidence and the law as I have previously stated to you in this charge, consider the following questions”. The jury unanimously determined each issue presented.

[973]*973A jury verdict should not be disturbed unless it could not be reached by any fair interpretation of the evidence (Cohen v Hallmark Cards, 45 NY2d 493, 499; Buscaglia v Olka, 101 AD2d 713, 714). We conclude that the court’s decision to set aside the jury verdict in this case was unwarranted (see, Reed Paving v Glen Ave. Bldrs., 148 AD2d 934; Kuncio v Millard Fillmore Hosp., 117 AD2d 975, 976, lv denied 68 NY2d 608).

All concur except Balio, J., who dissents and votes to affirm in the following Memorandum.

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Related

Bressler v. Rule Realty Co., Inc.
162 N.E. 548 (New York Court of Appeals, 1928)
Bressler v. Rule Realty Co.
219 A.D. 529 (Appellate Division of the Supreme Court of New York, 1927)
Cohen v. Hallmark Cards, Inc.
382 N.E.2d 1145 (New York Court of Appeals, 1978)
Valentine v. City of New York
443 N.E.2d 488 (New York Court of Appeals, 1982)
Valentine v. City of New York
86 A.D.2d 381 (Appellate Division of the Supreme Court of New York, 1982)
Buscaglia v. Olka
101 A.D.2d 713 (Appellate Division of the Supreme Court of New York, 1984)
Rothrock v. Cottom
115 A.D.2d 242 (Appellate Division of the Supreme Court of New York, 1985)
Kuncio v. Millard Fillmore Hospital
117 A.D.2d 975 (Appellate Division of the Supreme Court of New York, 1986)
Reed Paving, Inc. v. Glen Avenue Builders, Inc.
148 A.D.2d 934 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
209 A.D.2d 972, 619 N.Y.S.2d 462, 1994 N.Y. App. Div. LEXIS 11978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-wegmans-food-market-inc-nyappdiv-1994.