Barker v. Mattison Machine Works

—Judgment unanimously affirmed with costs. Memorandum: We reject the contention of third-party plaintiff that the verdict finding no cause of action against third-party defendant is contrary to the weight of the evidence. “[A] jury’s verdict should not be set aside as against the weight of evidence unless it is palpably wrong and there is no fair interpretation of the evidence to support the jury’s conclusion [citation omitted] or if the verdict is one reasonable persons could have rendered after receiving conflicting evidence” (Petrovski v Fornes, 125 AD2d 972, 973, lv denied 69 NY2d 608). A…