F. K. Gailey Co. v. Wahl
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant contends that the jury verdict in favor of plaintiff on defendant’s counterclaim is against the weight of the evidence. A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that the jury could not have reached its verdict on any fair interpretation of the evidence (see, Grassi v Ulrich, 87 NY2d 954; Lolik v Big V…
2Cases cited7 opinions
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Grassi v. UlrichNew York Court of Appeals · 1996
- Briar Hill Apartments Co. v. TepermanAppellate Division of the Supreme Court of the State of New York · 1991
- Barresi v. KaprAppellate Division of the Supreme Court of the State of New York · 1996
- Waterbury v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1998
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- Federal Express Corp. v. Federal Jeans, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Sogeti USA LLC v. Whirlwind Building Systems, Inc.Court of Appeals for the Second Circuit · 2008
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