Legal Opinion

Ruscillo-Steiner v. City of New York

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

Decided October 18, 2004Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), dated October 22, 2003, which denied her motion pursuant to CPLR 4404 to set aside a jury verdict on the issue of liability as against the weight of the evidence.

Ordered that the order is affirmed, with costs.

“A jury finding that a party was negligent but that such negligence was not a proximate cause of the accident is inconsistent and against the weight of the evidence only when the issues are ‘so inextricably interwoven as to make it logically…

2Cases cited6 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rubin v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
  3. Cona v. DwyerAppellate Division of the Supreme Court of the State of New York · 2002
  4. El-Shafaie v. VermaAppellate Division of the Supreme Court of the State of New York · 2003
  5. Reese v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002

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