Legal Opinion
Kirkpatrick v. Timber Log Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1993PublishedCited by 8 opinions
1Opinion of the Court
— Judgment unanimously affirmed without costs. Memorandum: We reject defendant’s argument that the verdict in favor of plaintiffs was against the weight of the evidence. A jury verdict "should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence * * * Moreover, when the issue at trial involves the credibility of conflicting expert testimony, the resolution of that conflict is 'a matter peculiarly within the province of the jury’ ” (Martin v Seaman, 184 AD2d 996, lv denied 80 NY2d 759, quoting Shaw…
2Cases cited4 opinions
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Halvorsen v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Martin v. SeamanAppellate Division of the Supreme Court of the State of New York · 1992
- Shaw v. Binghamton Lodge No. 852, B.P.O. Elks Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by8 opinions
- Raucci v. City School District of City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1994
- Fareway Heights, Inc. v. HillockAppellate Division of the Supreme Court of the State of New York · 2002
- Fontana v. KurianAppellate Division of the Supreme Court of the State of New York · 1995
- Taylor-Gove v. St. Joseph's Hospital Health CenterAppellate Division of the Supreme Court of the State of New York · 1997
- Holmberg v. TraverseAppellate Division of the Supreme Court of the State of New York · 1995
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