Powell v. Tuyn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for wrongful death, etc., the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Zambelli, J.), dated July 31, 2002, which, upon a jury verdict in favor of the defendant and against him on the issue of liability, and upon the denial of his motion pursuant to CPLR 4404 (a) to set aside the jury verdict on the issue of liability as against the weight of the evidence, dismissed the complaint.
Ordered that the judgment is reversed, on the law and the facts, the motion is granted, the complaint is reinstated, and a new trial is granted, with…
2Cases cited5 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Panariello v. BallingerAppellate Division of the Supreme Court of the State of New York · 1998
- Salazar v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Rockman v. BrosnanAppellate Division of the Supreme Court of the State of New York · 2001
- Sullivan v. R. J. PampillonioAppellate Division of the Supreme Court of the State of New York · 2001
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