Borden v. Capital District Transportation Authority

I respectfully dissent.

A jury verdict will not be set aside unless the evidence so preponderates in the movant’s favor that a jury’s contrary verdict could not be reached upon a fair interpretation of the evidence (see Pyptiuk v Kramer, 295 AD2d 768, 769-770 [2002]). Applying that standard, I conclude that Supreme Court did not abuse its discretion in granting plaintiffs motion to set aside *1065the verdict. While the majority correctly notes that defendant herein is entitled to all favorable inferences from the facts adduced at trial (see id.), such inferences must have sufficient support in the…