Legal Opinion

Miftari v. Klobucista

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

Decided July 30, 2001Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated October 30, 2000, which granted the plaintiff’s motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant as against the weight of the evidence and for a new trial.

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

The Supreme Court erred in concluding…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Dillman v. Bohemian Citizens Benevolent Society of Astoria, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Ruscito v. EarlyAppellate Division of the Supreme Court of the State of New York · 1998
  5. Mee-Hsiang Lee v. 69 Mott Street Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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