F. K. GAILEY COMPANY, INC. v. WAHL, JR.


262 A.D.2d 985 (1999)

692 N.Y.S.2d 563

F. K. GAILEY COMPANY, INC., Respondent, v. WILBURT C. WAHL, JR., Individually and Doing Business as FRENCH CREEK MARINA, Appellant.

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

Decided June 18, 1999.


Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant contends that the jury verdict in favor of plaintiff on defendant's counterclaim is against the weight of the evidence. A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that the jury could not...

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