Tagliaferro v. Durgin

Appellate Division of the Supreme Court of New York

Tagliaferro v. Durgin

33 A.D.3d 907, 822 N.Y.S.2d 463

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

DecidedOctober 24, 2006

StatusPublished

This text of 33 A.D.3d 907 (Tagliaferro v. Durgin) 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

Tagliaferro v. Durgin, 33 A.D.3d 907, 822 N.Y.S.2d 463 (N.Y. Ct. App. 2006).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (DiBella, J.), dated July 22, 2005, which, upon a jury verdict on the issue of liability, 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 and against them dismissing the complaint.

[908]*908Ordered that the judgment is affirmed, with costs.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129, 134 [1985]; Delgado v Board of Educ. of Union Free School Dist. No. 1 of Towns of Greenburgh & Mt. Pleasant, 65 AD2d 547 [1978], affd 48 NY2d 643 [1979]). Here, the jury’s determination that the defendant homeowner was not negligent could be reached by a fair interpretation of the evidence. Miller, J.E, Ritter, Spolzino and Dillon, 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, Westchester County (DiBella, J.), dated July 22, 2005, which, upon a jury verdict on the issue of liability, 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 and against them dismissing the complaint.

[908]*908Ordered that the judgment is affirmed, with costs.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129, 134 [1985]; Delgado v Board of Educ. of Union Free School Dist. No. 1 of Towns of Greenburgh & Mt. Pleasant, 65 AD2d 547 [1978], affd 48 NY2d 643 [1979]). Here, the jury’s determination that the defendant homeowner was not negligent could be reached by a fair interpretation of the evidence. Miller, J.E, Ritter, Spolzino and Dillon, JJ., concur.

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Bluebook (online)

33 A.D.3d 907, 822 N.Y.S.2d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tagliaferro-v-durgin-nyappdiv-2006.

Opinion

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