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BUSBY v. MALONE

54 A.D.2d 572 (1976)

Cathy A. Busby, Appellant, v. Marina J. Malone, Respondent, et al., Defendant

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

September 27, 1976

Judgment affirmed insofar as appealed from, with costs.

In our opinion, there was sufficient evidence to sustain the finding of the jury that defendant Malone was not negligent. A jury verdict in favor of a 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 (Roth v City of New York,

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