Mogil v. Gorgone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*675Contrary to the defendants third-party plaintiffs’ contentions, the jury verdict apportioning liability was not against the weight of the evidence. The conflicting evidence presented a question of credibility which the jury resolved and the verdict was reached upon a fair interpretation of the evidence (see, Campbell v Driscoll, 190 AD2d 771; Nicastro v Park, 113 AD2d 129; see also, Rice v Massalone, 160 AD2d 861; Sic v Moran, 208 AD2d 607).
Further, it is well settled that the amount of damages to be awarded for personal injuries is primarily a question of fact for the jury (see, Rodriguez v…
2Cases cited10 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- McCabe v. Queensboro Farm Prods.New York Court of Appeals · 1968
- Rice v. MassaloneAppellate Division of the Supreme Court of the State of New York · 1990
- Orris v. WestAppellate Division of the Supreme Court of the State of New York · 1993
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by8 opinions
- Kihl v. PfefferAppellate Division of the Supreme Court of the State of New York · 2007
- Vaval v. NYRAC, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Taylor v. MartorellaAppellate Division of the Supreme Court of the State of New York · 2006
- Kravitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- In Re Parmalat Securitìes LitigationDistrict Court, S.D. New York · 2007
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