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GAGLIARDI v. MADDEN

207 A.D.2d 478 (1994)

616 N.Y.S.2d 238

Rosemarie Gagliardi, Appellant, v. Thomas W. Madden et al., Respondents

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

August 22, 1994

Ordered that the judgment is affirmed, with costs.

The jury's verdict should not be set aside as against the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see, Nicastro v Park, 113 A.D.2d 129). Such a determination requires a discretionary balancing of many factors. The jury properly considered the conflicting testimony of the witnesses and made...

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