Legal Opinion

Cedeno v. McNulty

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

Decided April 17, 2007PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated October 7, 2005, which denied their motion pursuant to CFLR 4404 (a) to set aside a jury verdict in favor of the defendant on the issue of liability as against the weight of the evidence.

Ordered that the order is affirmed, with costs.

A jury verdict in favor of a defendant should not be set aside as against the weight of the evidence unless the evidence preponderates so heavily in the plaintiffs favor that the verdict could not have been…

2Cases cited4 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  3. Yau v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  4. Margiotta v. Rock & Roll Livery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Dyszkiewicz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  2. Kirkland v. Ranchers Best Wholesale Meats, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Wilson v. Hallen Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Jordan v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  5. Thompson v. Northwell Health, Inc.Appellate Division of the Supreme Court of the State of New York · 2025

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