Legal Opinion
Kennedy v. New York City Health & Hospital Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2002PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (George Friedman, J.), entered May 8, 2001, which set aside the verdict as against the weight of the evidence, found defendants liable as a matter of law and ordered a new trial on the issues of apportionment of liability and damages, unanimously reversed, on the law and the facts, without costs, and the jury verdict reinstated.
The trial court relied on an incorrect standard in setting aside the verdict as against the weight of the evidence. Instead of determining whether the jury could “ ‘have reached their conclusion upon any fair interpretation of the…
2Cases cited6 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Ohdan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Bernstein v. Red Apple SupermarketsAppellate Division of the Supreme Court of the State of New York · 1996
- Bernstein v. Red Apple SupermarketsNew York Court of Appeals · 1997
- Revill v. Boston Post Road Development Corp.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by5 opinions
- McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Kartychak v. Consolidated Edison of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Generale Bank v. Bell Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Sanchez v. Project Adventure, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Wing Shung Lam v. Chung-Ko ChengAppellate Terms of the Supreme Court of New York · 2003