Boling v. Stegemann

Gorski, J. (dissenting).

I respectfully dissent because, in my view, Supreme Court properly granted plaintiffs motion seeking to set aside the jury verdict in favor of Philip M. Stegemann, M.D. and the County of Erie (defendants) as against the weight *1363of the evidence. As the court properly determined, the evidence so preponderates in plaintiff’s favor that the jury verdict in favor of defendants could not have been reached on any fair interpretation of the evidence (see Higgins v Armored Motor Serv. of Am., Inc., 13 AD3d 1087, 1088 [2004]; Grant-White v Hornbarger, 12 AD3d 1066, 1067-1068…