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ZHURAVENKO v. GJELAJ

261 A.D.2d 399 (1999)

689 N.Y.S.2d 529

NAUM ZHURAVENKO, Appellant, v. GJERGJ GJELAJ et al., Respondents. (And a Third-Party Action.)

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

Decided May 3, 1999.

Ordered that the order is reversed, on the law, and the matter is remitted for a new trial on the issue of liability, with costs to abide the event.

We agree with the plaintiff that the evidence at trial so preponderated in his favor that the jury could not have reached its verdict on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 N.Y.2d 744; Nicastro v Park, 113 A.D.2d...

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