Legal Opinion

Augustine v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Cynthia Kern, J.), entered February 27, 2012, which denied plaintiffs’ motion to set aside the jury’s verdict in favor of defendant, unanimously affirmed, without costs.

*476The motion court properly found that the verdict was not against the weight of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [1st Dept 2004]). The jury weighed the credibility of the witnesses and the evidence, and its determination was based upon a fair interpretation of the evidence (see Williams v City of New York, 109 AD3d 744 [1st Dept 2013]; White v…

2Cases cited3 opinions

  1. McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
  2. White v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  3. Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

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