Tomasi v. City of New York

Appellate Division of the Supreme Court of New York

Tomasi v. City of New York

289 A.D.2d 563, 735 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 13047

Appellate Division of the Supreme Court of the State of New York·Decided December 31, 2001·Published

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Dabiri, J.), entered November 27, 2000 which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is reversed on the law, and a new trial is granted, with costs to abide the event.

We agree with the appellants that the evidence at trial so preponderated in their favor that the jury could not have reached its verdict on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744, 746; Zhuravenko v Gjelaj, 261 AD2d 399; Nicastro v Park, 113 AD2d 129, 134). In light of our determination we need not reach the appellants’ remaining contentions. Luciano, J. P., Townes, Crane and Prudenti, 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, Kings County (Dabiri, J.), entered November 27, 2000 which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is reversed on the law, and a new trial is granted, with costs to abide the event.

We agree with the appellants that the evidence at trial so preponderated in their favor that the jury could not have reached its verdict on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744, 746; Zhuravenko v Gjelaj, 261 AD2d 399; Nicastro v Park, 113 AD2d 129, 134). In light of our determination we need not reach the appellants’ remaining contentions. Luciano, J. P., Townes, Crane and Prudenti, JJ., concur.

Tomasi v. City of New York, 289 A.D.2d 563, 735 N.Y.S.2d 800, 2001 N.Y. App. Div. LEXIS 13047 (N.Y. Ct. App. 2001).

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289 A.D.2d 563 (Tomasi v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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