PAOLINI v. SIENKIEWICZ


278 A.D.2d 858 (2000)

719 N.Y.S.2d 408

ARNOLD J. PAOLINI, Respondent, v. WALTER V. SIENKIEWICZ, Appellant. (Appeal No. 1.)

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

Decided December 27, 2000.


Order unanimously reversed on the law without costs, motion denied and verdict reinstated.

Memorandum:

Supreme Court erred in granting plaintiff's motion to set aside the jury's award of damages as contrary to the weight of the evidence. It cannot be said that the evidence so preponderated in favor of plaintiff that the verdict awarding him $17,500 for past pain and suffering could not have been reached on any fair interpretation of the evidence (see, Lolik...

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