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BASTIAN v. CITY OF NEW YORK

261 A.D.2d 129 (1999)

687 N.Y.S.2d 258

EUSTACIA BASTIAN, Individually and as Administratrix of the Estate of FRANK S. BASTIAN, Also Known as FRANCIS S. BASTIAN, Deceased, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 4, 1999.

The evidence does not so preponderate in favor of defendant that the jury could not have reached its verdict upon any fair interpretation of the evidence (see, e.g., Edwards v Manhattan & Bronx Surface Tr. Operating Auth., 252 A.D.2d 410), and, accordingly, we decline to order a new trial. Contrary to defendant City's argument, the doctrine of judgmental error is inapplicable to shield...

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