KIENZLE v. McLOUGHLIN


202 A.D.2d 299 (1994)

610 N.Y.S.2d 771

Francine Kienzle et al., Appellants, v. Francis McLoughlin, Respondent

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

March 17, 1994


In this rear end collision case, the IAS Court properly denied plaintiffs' motions for a directed verdict and to set aside the verdict as against the weight of the evidence, as the jury was presented with widely divergent versions of the accident, and viewing the evidence in the light most favorable to the prevailing party, a reasonable jury could have credited defendant's testimony that plaintiff came to a sudden stop after being cut off by a third vehicle, and found that...

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