CAVANAUGH v. COSENTINO


255 A.D.2d 413 (1998)

680 N.Y.S.2d 600

Hildegard Cavanaugh, Respondent, et al., Plaintiff, v. Antonio Cosentino et al., Appellants

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

November 16, 1998


Ordered that the judgment is affirmed, with costs.

The defendants contend that the jury verdict finding that the plaintiff Hildegard Cavanaugh sustained a serious injury as defined by Insurance Law § 5102 (d) is against the weight of the evidence and must be set aside. However, it is well settled that a jury verdict may be set aside as against the weight of the evidence only where the evidence so preponderates in favor of the moving party that the verdict could...

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