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ROTH v. CITY OF NEW YORK

31 A.D.2d 817 (1969)

Daniel P. Roth et al., Respondents, v. City of New York, Appellant Albert Sacher, Respondent-Appellant, v. City of New York, Appellant-Respondent, and Daniel Roth et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1969

Order reversed, without costs; motions to set aside verdicts denied; and verdicts reinstated.

A jury verdict in favor of a defendant should not be set aside unless it is clear from the record that the jury could not have reached its conclusion on any fair interpretation of the evidence (Winter v. Rickman, 26 A.D.2d 842). At bar, the jury could have properly found that the proximate cause of the accident was the driver's negligent...

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