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MALONE v. HARPER

266 A.D.2d 436 (1999)

698 N.Y.S.2d 878

EVELYN MALONE, Respondent, et al., Plaintiff, v. WILLIAM HARPER et al., Respondents, and ROLSTON BAIRD, 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, with one bill of costs to the respondents appearing separately and filing separate briefs.

The jury verdict finding the appellant to be solely at fault for the injuries to the plaintiff Evelyn Malone was not against the weight of the evidence and should not be disturbed (see, Torrillo v Command Bus Co., 206 A.D.2d 520). A jury verdict should not be set aside unless the verdict could...

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