Wesolek v. Tops Markets, Inc.

—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in granting plaintiffs’ mo*973tion pursuant to CPLR 4404 (a) and setting aside the jury verdict of no cause of action as against the weight of the evidence. The standard for determining whether a jury’s verdict is against the weight of the evidence is whether “ ‘ “the evidence so preponderate [d] in favor of the [plaintiff] that [the verdict] could not have been reached on any fair interpretation of the evidence” ’ ” (Lolik v Big V Supermarkets, 86 NY2d 744, 746). In this…