Legal Opinion

Manne v. Museum of Modern Art

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 2007PublishedCited by 7 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered March 21, 2006, upon the jury’s special verdict, in favor of defendant, unanimously affirmed, without costs.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its conclusion upon any fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129 [1985]; Cornier v Spagna, 101 AD2d 141, 149 [1984]). Disputes as to proof are “for the jury to resolve in assessing all of the evidence as well as the credibility of the witnesses” (Niewieroski v National…

2Cases cited4 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Niewieroski v. National Cleaning ContractorsAppellate Division of the Supreme Court of the State of New York · 1987
  3. Cornier v. SpagnaAppellate Division of the Supreme Court of the State of New York · 1984
  4. Crespo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. Brunson v. Saint Vincent's Catholic Med. Ctrs. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Gartech Electrical Contracting Corp. v. Coastal Electric Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Griffin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Naseer v. Dynasty Home ImprovementAppellate Division of the Supreme Court of the State of New York · 2014
  5. Barrett v. ToroyanAppellate Division of the Supreme Court of the State of New York · 2010

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