Killon v. Parrotta

Stein, J. (dissenting).

We respectfully dissent. In our view, there is a fair interpretation of the evidence that supports the conclusion that defendant was not the initial aggressor and, therefore, the jury’s verdict should not be disturbed.

It is well settled that the discretionary power to set aside a jury verdict must be exercised with great caution, as “a successful litigant is entitled to the benefits of a favorable jury verdict” (Nicastro v Park, 113 AD2d 129, 133 [1985]; see Olmsted v Pizza Hut of Am., Inc., 81 AD3d 1223, 1224 [2011]). Appellate review of a trial court’s exercise of…