Ferguson v. Rochester City School District

Scudder, P.J., and Smith, J.

(dissenting). We respectfully disagree with the majority and conclude that Supreme Court properly denied plaintiffs motion to set aside the verdict pursuant to CFLR 4404 (a). It is well established that “[a] motion to set aside a jury verdict of no cause of action should not be granted unless the preponderance of the evidence in favor of the moving party is so great that the verdict could not have been reached upon any fair interpretation of the evidence” (Dannick v County of Onondaga, 191 AD2d 963, 964 [1993]; see generally Lolik v Big V Supermarkets, 86 NY2d 744,…