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HARKINS v. FELICE'S OF PATCHOGUE, INC.

60 A.D.2d 880 (1978)

Jeanne Harkins et al., Respondents, v. Felice's of Patchogue, Inc., Appellant

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

January 23, 1978

Order reversed, with costs, and verdict reinstated. CPLR 4404 (subd [a]) does not permit a Trial Judge to substitute his opinion for that of the jury when a fair interpretation of the evidence would support the verdict in favor of the defendant (Roberts v Ausable Chasm Co., 47 A.D.2d 979).

Although defendant-appellant did not present any affirmative evidence relating to the injured plaintiff's fall, the latter's version of...

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