Legal Opinion

Himed v. Grady

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

Decided October 28, 1997Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered August 29, 1996, which, after a jury trial, awarded plaintiff the principal sum of $131,548, unanimously affirmed, with costs.

The verdict is supported by a fair interpretation of the evidence (see, Martin v McLaughlin, 162 AD2d 181, 184) and we decline to disturb it. It was for the jury to determine what weight, if any, should be given the very limited testimony of the police witness (see, Klein v Benrubi, 60 AD2d 548, 548-549). We also decline to reduce the award since it does not deviate materially from what is…

2Cases cited2 opinions

  1. Martin v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1990
  2. Klein v. BenrubiAppellate Division of the Supreme Court of the State of New York · 1977

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