Legal Opinion
Lader v. Sherman
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 2009PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated August 3, 2007, which granted the plaintiffs motion pursuant to CPLR 4404 (a) to set aside the jury verdict as against the weight of the evidence and for a new trial.
Ordered that the order is affirmed, with costs.
A jury verdict should not be set aside as against the weight of the evidence unless the verdict could not have been reached upon any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; Nicastro v…
2Cases cited5 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Garrett v. ManaserAppellate Division of the Supreme Court of the State of New York · 2004
- Misa v. FilanciaAppellate Division of the Supreme Court of the State of New York · 2003
- Rodriguez v. Elmont School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by2 opinions
- Johnny's Plumbing & Heating, Inc. v. Garson Brothers Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- SWAVELY, WILLIAM G. v. ZHOU, M.D., ZHANDONGAppellate Division of the Supreme Court of the State of New York · 2011