Tout v. Zsiros

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Jill M. Tout (plaintiff) when the vehicle she was driving struck a vehicle driven by defendant Michael J. Zsiros and owned by defendant Central Originating Lease Trust. Supreme Court properly denied plaintiffs’ motion pursuant to CPLR 4404 (a) seeking to set aside the jury verdict in favor of defendants as against the weight of the evidence. “A verdict rendered in favor of a defendant may be successfully challenged as against the weight of the evidence only when the evidence so preponderated in favor of the…