Barresi v. Kapr

Order unanimously reversed on the law without costs, motion denied and verdict reinstated. Memorandum: In this personal injury action brought by plaintiff passenger against defendant driver following a single car accident, defendant appeals from an order granting plaintiffs motion to set aside the jury verdict in favor of defendant and ordering a new trial. Defendant contends that Supreme Court erred in setting aside the verdict as against the weight of the evidence.

A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the…