Legal Opinion
Martin v. Seaman
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant Mema L. Seaman. The jury determined that plaintiff did not suffer a serious injury as defined in Insurance Law § 5102 (d).
We cannot conclude that the verdict was against the weight of the evidence. A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence (Shaw v Binghamton Lodge No. 852, 155 AD2d 805, 806; Nicastro v Park, 113 AD2d 129, 134).…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Licari v. ElliottNew York Court of Appeals · 1982
- Shaw v. Binghamton Lodge No. 852, B.P.O. Elks Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- Raucci v. City School District of City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1994
- Kirkpatrick v. Timber Log Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Wilcox v. MorrowAppellate Division of the Supreme Court of the State of New York · 1996
- Texido v. MargarucciAppellate Division of the Supreme Court of the State of New York · 1996
- Gagliardi v. MaddenAppellate Division of the Supreme Court of the State of New York · 1994
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