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PAYNE v. RODRIGUEZ

288 A.D.2d 280 (2001)

737 N.Y.S.2d 370

REVA PAYNE, Appellant, et al., Plaintiff, v. HERIBERTO RODRIGUEZ et al., Respondents. (And a Third-Party Action.)

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

Decided November 13, 2001.

Ordered that the judgment is affirmed, with costs.

A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that the verdict could not have been reached upon any fair interpretation of the evidence (see, Schiskie v Fernan, 277 A.D.2d 441; Nicastro v Park, 113 A.D.2d 129). Contrary to the appellant's...

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