Avila v. Robani Energy Inc.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered August 21, 2003, which, to the extent appealed from as limited by the brief, denied plaintiffs’ motion to set aside the jury verdict that the negligence of defendant Crystal Transportation Corp. was not a substantial factor in causing damage to their property as against the weight of the evidence, and further denied their motion for a mistrial, unanimously affirmed, without costs.

The evidence, fairly interpreted, permitted the jury to reach a verdict in favor of Crystal Transportation (see Nicastro v Park, 113 AD2d 129,…