Smith v. Tadsen

—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in granting plaintiffs motion to set aside a jury verdict of no cause of action as against the weight of the evidence. “The standard for determining whether a jury’s verdict is against the weight of the evidence is whether 6 “ ‘the evidence so preponderate [d] in favor of the [plaintiff] that [the verdict] could not have been reached on any fair interpretation of the evidence’ ” ’ ” (Wesolek v Tops Mkts., 255 AD2d 972, 973, quoting Lolik v Big V Supermarkets, 86 NY2d…