FLYNN v. CITY OF NEW YORK


35 A.D.2d 936 (1970)

Michael Flynn, Appellant-Respondent, v. City of New York, Defendant; Juan Velazquez et al., Respondents, and Poirier & McLane Corp., Appellant-Respondent

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

December 15, 1970


The negligence of the defendants Velazquez and the contributory negligence of the plaintiff were questions of fact which were put to the jury without exceptions and the result reached should not be disturbed. It is settled that a jury verdict in favor of defendant may not be set aside unless it plainly appears that the evidence so preponderates in favor of the plaintiff that the verdict for the defendant could not have been reached on any fair interpretation of the evidence...

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