Legal Opinion

McLean v. Dessert

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

Decided December 30, 1999Published

1Opinion of the Court

*963and proceeded into the intersection; that he felt the rear right side of the vehicle come in contact with an object and felt the tire run over something like a rock or stone; that he never saw plaintiff; and that he never sounded his horn because no pedestrian proceeded into the crosswalk. Plaintiff appeals from a judgment entered upon a jury verdict of no cause of action and an order denying her motion for a new trial. She contends that the jury verdict is contrary to the weight of the evidence. We disagree.

“[A] jury’s verdict should not be set aside as against the weight of evidence unless…

2Cases cited3 opinions

  1. Petrovski v. FornesAppellate Division of the Supreme Court of the State of New York · 1986
  2. Montana v. SmithAppellate Division of the Supreme Court of the State of New York · 1983
  3. Olson v. DoughertyAppellate Division of the Supreme Court of the State of New York · 1987

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