Stewart v. Marte
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744 [1995]; Cohen v Hallmark Cards, 45 NY2d 493 [1978]; Nicastro v Park, 113 AD2d 129 *755[1985]). “A jury’s finding that a party was at fault but that such fault was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are so inextricably interwoven as to make it logically impossible to find negligence without also finding…
2Cases cited6 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- 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
- Rubin v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
- Garrett v. ManaserAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Coma v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Das v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Henry v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2014
- Desalvo v. KreyninAppellate Division of the Supreme Court of the State of New York · 2012
- Aikens-Hobson v. BrunoAppellate Division of the Supreme Court of the State of New York · 2012
8 more not listed; retrieve them via the Exa API.