Adler v. Savoy Plaza, Inc.

The trial court set aside the plaintiff’s verdict as a compromise upon the ground that the award could not be held to include the jewelry on any assessment of value warranted by the evidence, or else it constituted a finding that the jewelry Avas not in the suitcase.

A jury verdict should not be set aside as a compromise if it can be supported upon any hypothesis presented by the evidence in the case (Candia do Co. v. Rubin, 209 App. Div. 357; Clark v. Foreign Products Co., 194 App. Div. 284).

I think that the trial court overlooked a possible finding by the jury justified by the evidence,…