Legal Opinion
Nelson v. Benjamin M. Schwartz, M.D.
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2011PublishedCited by 9 opinions
1Opinion of the Court
“A jury verdict in favor of a defendant may not be set aside as being against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence” (Landau v Rappaport, 306 AD2d 446, 446-447 [2003]; see Nicastro v Park, 113 AD2d 129, 134 [1985]). This standard “was intended to accentuate the principle that when a jury, upon being presented with sharply conflicting evidence creating a factual dispute, resolved the controversy in favor of the defendant upon a fair interpretation of the evidence, that finding should be sustained” (Nicastro v…
2Cases cited7 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Ferreira v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Landau v. RappaportAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Daniels v. SimonAppellate Division of the Supreme Court of the State of New York · 2012
- Lacqua v. SilichAppellate Division of the Supreme Court of the State of New York · 2016
- Heines v. MinkowitzAppellate Division of the Supreme Court of the State of New York · 2012
- Curry v. Hudson Valley Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013
- Curry v. Hudson Valley Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.