Paolini v. Sienkiewicz

Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in granting plaintiff’s motion to set aside the jury’s award of damages as contrary to the weight of the evidence. It cannot be said that the evidence so preponderated in favor of plaintiff that the verdict awarding him $17,500 for past pain and suffering could not have been reached on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744, 746; Wesolek v Tops Mkts., 255 AD2d 972). Nor is the award of $5,000 for future pain and suffering…