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COHEN v. MARGOLIN

67 A.D.2d 674 (1979)

Seymour Cohen et al., Appellants, v. Edward Margolin, Respondent, et al., Defendant

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

January 15, 1979

Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

A jury verdict in favor of a defendant may be set aside when 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 (cf. Busby v Malone, 54 A.D.2d 572). In our view, the evidence is so overwhelmingly...

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