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KENNEDY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

300 A.D.2d 146 (2002)

751 N.Y.S.2d 728

RICHARD KENNEDY, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

Decided December 19, 2002.

The trial court relied on an incorrect standard in setting aside the verdict as against the weight of the evidence. Instead of determining whether the jury could "`have reached their conclusion upon any fair interpretation of the evidence'" (Bernstein v Red Apple Supermarkets, 227 A.D.2d 264, 265 [citations omitted], lv dismissed 89 N.Y.2d 961; Revill v Boston Post Rd. Dev. Corp.,

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