Legal Opinion
McLoughlin v. Hamburg Central School District
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996PublishedCited by 10 opinions
1Opinion of the Court
Second amended judgment unanimously affirmed without costs. Memorandum: A motion to set aside a jury verdict of no cause of action should not be granted "unless the preponderance of the evidence in favor of the moving party is so great that the verdict could not have been reached upon any fair interpretation of the evidence” (Dannick v County of Onondaga, 191 AD2d 963, citing Kuncio v Millard Fillmore Hosp., 117 AD2d 975, lv denied 68 NY2d 608). If the verdict is one that reasonable persons could have rendered after receiving conflicting evidence, the trial court should not substitute its…
2Cases cited5 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Dannick v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1993
- Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Ellis v. HoelzelAppellate Division of the Supreme Court of the State of New York · 1977
- Bolles v. County of CattaraugusAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by10 opinions
- Ruddock v. HappellAppellate Division of the Supreme Court of the State of New York · 2003
- Levin v. CarboneAppellate Division of the Supreme Court of the State of New York · 2000
- Pecora v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2007
- Morgan v. National City BankAppellate Division of the Supreme Court of the State of New York · 2006
- Parr v. MongarellaAppellate Division of the Supreme Court of the State of New York · 2010
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