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ARLOTTA v. J & J EQUIP. RENTAL CORP.

245 A.D.2d 478 (1997)

666 N.Y.S.2d 39

Thomas J. Arlotta et al., Respondents, v. J & J Equipment Rental Corp., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. New York Paving, Inc., Sued Herein as New York Paving Company, Inc., Third-Party Defendant-Appellant. (And Another Third-Party Action.)

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

December 22, 1997

Ordered that the judgment is affirmed insofar as appealed from, with costs to the plaintiffs-respondents.

Contrary to the appellant's contention the court properly denied its motion to set aside the verdict as against the weight of the evidence as it was supported by a fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 N.Y.2d 744

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