Legal Opinion
Gagliardi v. Madden
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 1994PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated August 6, 1992, which, upon a jury verdict, is in favor of the defendants and against her on the issue of damages.
Ordered that the judgment is affirmed, with costs.
The jury’s verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129). Such a determination requires a discretionary balancing of many…
2Cases cited4 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Martin v. SeamanAppellate Division of the Supreme Court of the State of New York · 1992
- Redmond v. SchultzAppellate Division of the Supreme Court of the State of New York · 1989
- Lopez v. MarcusAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- Galimberti v. Carrier Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Pedone v. B & B Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Moreno v. ChemtobAppellate Division of the Supreme Court of the State of New York · 2000
- Mancuso v. LicatesiAppellate Division of the Supreme Court of the State of New York · 1998