Legal Opinion
Provenzano v. Peters
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1997PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated July 3, 1996, which granted the plaintiffs motion to set aside the jury verdict finding both the defendant Chris Peters and the plaintiff 50% at fault in the happening of the accident, and for a new trial.
Ordered that the order is affirmed, with costs.
The power of the trial court to set aside a jury verdict pursuant to CPLR 4404 (a) is a broad one intended to ensure that justice is done (see, DeGiglio v Williams, 166 AD2d 499). Under this section, a…
2Cases cited6 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Cortes v. EdooAppellate Division of the Supreme Court of the State of New York · 1996
- Pache v. BoehmAppellate Division of the Supreme Court of the State of New York · 1978
- Trotter v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1994
- R & R Wrecking Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by5 opinions
- Roberts v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2000
- Borovskaya v. HerskovicAppellate Division of the Supreme Court of the State of New York · 2002
- Batal v. Associated Universities, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Dinino v. D.A.T. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Annunziata v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019