Legal Opinion
D'Annunzio v. Ore
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2014No. 2013-05529PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants Russell A. Ore and Eastern Wholesale Fence Co., Inc., appeal from an order of the Supreme Court, Nassau County (Bruno, J.), entered April 8, 2013, which granted the motion of the defendants Daniel Lorence Goldman and Benjamin Goldman pursuant to CPLR 4404 (a) to set aside a jury verdict on the issue of liability as inconsistent and for a new trial.
Ordered that the order is affirmed, with costs.
“ ‘When a jury’s verdict is internally inconsistent, the trial court must direct either reconsideration by the jury or a new trial’…
2Cases cited4 opinions
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Kelly v. GreitzerAppellate Division of the Supreme Court of the State of New York · 2011
- Palmer v. WaltersAppellate Division of the Supreme Court of the State of New York · 2006
- Dubec v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- Kumar v. PI Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Cleveland Ex Rel. Landry v. DjeuAppellate Division of the Supreme Court of the State of New York · 2017
- Kitenberg v. GulmaticoAppellate Division of the Supreme Court of the State of New York · 2016
- Magee v. Cumberland Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020