Legal Opinion

Regelski v. Weber

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

Decided November 16, 1994Published

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: Supreme Court erred in granting plaintiffs’ motion to set aside the jury verdict in favor of defendants. "It is settled law that a motion pursuant to CPLR 4404 (a) should not be granted unless the preponderance of the evidence in favor of the plaintiff is so great that the verdict could not have been reached upon any fair interpretation of the evidence” (Kuncio v Millard Fillmore Hosp., 117 AD2d 975, 976, lv denied 68 NY2d 608; see also, Frasier v McIlduff, 161 AD2d 856, 858). "Moreover,…

2Cases cited4 opinions

  1. Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
  2. Frasier v. McIlduffAppellate Division of the Supreme Court of the State of New York · 1990
  3. Martin v. SeamanAppellate Division of the Supreme Court of the State of New York · 1992
  4. Shaw v. Binghamton Lodge No. 852, B.P.O. Elks Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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