TENERIELLO v. TRAVELERS COMPANIES


264 A.D.2d 772 (1999)

695 N.Y.S.2d 372

ROSE TENERIELLO, Appellant, v. TRAVELERS COMPANIES et al., Respondents.

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

Decided September 20, 1999.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly denied her motion pursuant to CPLR 4404 (a) to set aside the verdict as against the weight of the evidence. "[T]he discretionary power to set aside a jury verdict and order a new trial must be exercised with considerable caution, for in the absence of indications that substantial justice has not been done, a successful litigant is entitled to the benefits...

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