Sweeney v. Wirth

Appellate Division of the Supreme Court of New York

Sweeney v. Wirth

266 A.D.2d 279, 698 N.Y.S.2d 504, 1999 N.Y. App. Div. LEXIS 13066

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

DecidedNovember 8, 1999

StatusPublished

This text of 266 A.D.2d 279 (Sweeney v. Wirth) 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. Wirth, 266 A.D.2d 279, 698 N.Y.S.2d 504, 1999 N.Y. App. Div. LEXIS 13066 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Williams, J.H.O.), entered September 30, 1998, which, upon a jury verdict finding that the defendant Oliver Wirth was not at fault in the happening of the accident, and upon the denial of their motion pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence, is in favor of the defendant Oliver Wirth and against them, dismissing the complaint insofar as asserted against Wirth.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs’ arguments on appeal, the court did not err in denying their motion to set aside a jury verdict in favor of the defendant Oliver Wirth as being against the weight of the evidence (see, Grassi v Ulrich, 87 NY2d 954; Cohen v Hallmark Cards, 45 NY2d 493; Nicastro v Park, 113 AD2d 129). S. Miller, J. P., Ritter, Florio and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Orange County (Williams, J.H.O.), entered September 30, 1998, which, upon a jury verdict finding that the defendant Oliver Wirth was not at fault in the happening of the accident, and upon the denial of their motion pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence, is in favor of the defendant Oliver Wirth and against them, dismissing the complaint insofar as asserted against Wirth.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs’ arguments on appeal, the court did not err in denying their motion to set aside a jury verdict in favor of the defendant Oliver Wirth as being against the weight of the evidence (see, Grassi v Ulrich, 87 NY2d 954; Cohen v Hallmark Cards, 45 NY2d 493; Nicastro v Park, 113 AD2d 129). S. Miller, J. P., Ritter, Florio and H. Miller, JJ., concur.

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Bluebook (online)

266 A.D.2d 279, 698 N.Y.S.2d 504, 1999 N.Y. App. Div. LEXIS 13066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-wirth-nyappdiv-1999.

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