Legal Opinion

Anaya v. County of Erie

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

Decided November 9, 2001PublishedCited by 1 opinion

1Opinion of the Court

--Judgment unanimously affirmed without costs. Memorandum: We reject plaintiff’s contention that the verdict is against the weight of the evidence. A jury verdict should not be set aside as against the weight of the evidence unless a jury could not have reached its verdict on any fair interpretation of the evidence (see, Riggio v New Creation Fellowship, 249 AD2d 942; Nicastro v Park, 113 AD2d 129, 134). Defendant Presented expert medical testimony that conflicted with that Presented by plaintiff, and the jury was entitled to resolve any credibility issues against plaintiff. We further reject…

2Cases cited5 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rosabella v. FanelliAppellate Division of the Supreme Court of the State of New York · 1996
  3. Riggio v. New Creation Fellowship of BuffaloAppellate Division of the Supreme Court of the State of New York · 1998
  4. Wisholek v. DouglasAppellate Division of the Supreme Court of the State of New York · 2001
  5. Sapienza v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. Wiepert v. ManchesterAppellate Division of the Supreme Court of the State of New York · 2002

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