Legal Opinion
Lolly v. Brookdale University Hospital & Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 5 opinions
1Opinion of the Court
A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence (see Ferreira v Wyckoff Hgts. Med. Ctr., 81 AD3d 587, 588 [2011]; see generally Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; Nicastro v Park, 113 AD2d 129 [1985]). “Where, as here, conflicting expert testimony is presented, the jury is entitled to accept one expert’s opinion and reject that of another expert” (Ferreira v Wyckoff Hgts. Med. Ctr., 81 AD3d at 588; see Frenchman v Westchester Med. Ctr., 77 AD3d 618, 619…
2Cases cited14 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Ferreira v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Ross v. MandevilleAppellate Division of the Supreme Court of the State of New York · 2007
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hatzis v. BuchbinderAppellate Division of the Supreme Court of the State of New York · 2013
- Taylor v. HaqueAppellate Division of the Supreme Court of the State of New York · 2012
- Bailey v. Brookdale University Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Bailey v. Brookdale University Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Hatzis v. BuchbinderAppellate Division of the Supreme Court of the State of New York · 2013