Legal Opinion

Sliwowski v. City of New York

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

Decided January 22, 2014PublishedCited by 3 opinions

1Opinion of the Court

A jury verdict should only be set aside as against the weight of the evidence when the verdict could not have been reached on any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744, 745 [1995]). “A jury’s finding that a party was at fault but that such fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are so inextricably interwoven as to make it logically impossible to find negligence without also finding proximate cause” (Garrett v Manaser, 8 AD3d 616, 617 [2004]; see Niebles v MTA Bus…

2Cases cited4 opinions

  1. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  2. Garrett v. ManaserAppellate Division of the Supreme Court of the State of New York · 2004
  3. Spero v. Awasthi Ltd. PartnersAppellate Division of the Supreme Court of the State of New York · 2013
  4. Niebles v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2013

3Cited by3 opinions

  1. Moffett-Knox v. Anthony's Windows on the Lake, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Ruggiero v. WethAppellate Division of the Supreme Court of the State of New York · 2014
  3. Membreno v. RocheAppellate Division of the Supreme Court of the State of New York · 2015

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API