Legal Opinion
Crumb v. Fallon
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1989PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: A Trial Judge should set aside a jury verdict of no cause of action only where the preponderance of evidence in favor of the plaintiff is so great that the jury could not have reached its determination upon any fair interpretation of the evidence (Kuncio v Millard Fillmore Hosp., 117 AD2d 975, 976, Iv denied 68 NY2d 608; see also, Nicastro v Park, 113 AD2d 129). Here, there was no sharp evidentiary conflict and the proof in plaintiff’s favor was so overwhelming that the trial court properly determined that the verdict should be set aside.
Plain…
2Cases cited2 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Bolles v. County of CattaraugusAppellate Division of the Supreme Court of the State of New York · 1990
- Arbutina v. BahuleyanAppellate Division of the Supreme Court of the State of New York · 1990
- Martell v. Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Sandoval v. Stanley Works & Tools DivisionAppellate Division of the Supreme Court of the State of New York · 1999
- Canfield v. GilesAppellate Division of the Supreme Court of the State of New York · 1992
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