Yanek v. County of Nassau

Appellate Division of the Supreme Court of New York

Yanek v. County of Nassau

264 A.D.2d 732, 695 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 9055

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

DecidedSeptember 13, 1999

StatusPublished

Cited by2 cases

This text of 264 A.D.2d 732 (Yanek v. County of Nassau) 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

Yanek v. County of Nassau, 264 A.D.2d 732, 695 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 9055 (N.Y. Ct. App. 1999).

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Opinion

In an action to recover damages for personal injuries, etc., the defendants Varujan Miskjian and Va Va Dairies, Inc., appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 17, 1998, which "granted the plaintiffs’ motion pursuant to CPLR 4404 (a) to set aside a jury verdict in their favor and ordered a new trial.

Ordered that the order is reversed, on the law, with costs, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment on the verdict.

The Supreme Court erred in setting aside the jury verdict in favor of the appellants. The verdict was supported by a fair interpretation of the evidence and should not have been disturbed (see, Shachnow v Myers, 229 AD2d 432). Altman, J. P., Kraus-man, H. Miller and Schmidt, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendants Varujan Miskjian and Va Va Dairies, Inc., appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated July 17, 1998, which "granted the plaintiffs’ motion pursuant to CPLR 4404 (a) to set aside a jury verdict in their favor and ordered a new trial.

Ordered that the order is reversed, on the law, with costs, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment on the verdict.

The Supreme Court erred in setting aside the jury verdict in favor of the appellants. The verdict was supported by a fair interpretation of the evidence and should not have been disturbed (see, Shachnow v Myers, 229 AD2d 432). Altman, J. P., Kraus-man, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

264 A.D.2d 732, 695 N.Y.S.2d 300, 1999 N.Y. App. Div. LEXIS 9055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yanek-v-county-of-nassau-nyappdiv-1999.

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