Lewis v. Progressive Agency

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered September 26, 2003, which granted plaintiffs posttrial motion to set aside the jury’s verdict in favor of defendant as against the weight of the evidence and ordered a new trial, unanimously reversed, on the facts, without costs, plaintiffs motion denied and the jury’s verdict in favor of defendant reinstated. The Clerk is directed to enter judgment accordingly.

A jury verdict in favor of a defendant should not be set aside as against the weight of the evidence unless the preponderance of the evidence in the plaintiffs favor is so…