FREEMAN v. NATIONAL AUDUBON SOCIETY, INC.


266 A.D.2d 430 (1999)

698 N.Y.S.2d 883

MICHAEL FREEMAN, Respondent, v. NATIONAL AUDUBON SOCIETY, INC., Defendant and Third-Party Plaintiff, et al., Defendant. BOAC LIMITED, Third-Party Defendant-Respondent; DON McERLEAN CONSTRUCTION, Third-Party Defendant-Appellant.

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

Decided November 22, 1999.


Ordered that the judgment is affirmed insofar as appealed from, with costs to the respondent.

We find unpersuasive the appellant's claim that the verdict on the apportionment of fault was against the weight of the credible evidence. It is well settled that a jury verdict will not be set aside absent a showing that the jurors could not have reached their verdict on any fair interpretation of the evidence (see, Nelson v City of New Rochelle,

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