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MOSKOWITZ v. FEDERATED DEPARTMENT STORES, INC.

299 A.D.2d 400 (2002)

749 N.Y.S.2d 442

HARRIET MOSKOWITZ, Appellant, v. FEDERATED DEPARTMENT STORES, INC., Respondents.

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

Decided November 12, 2002.

Ordered that the judgment is affirmed, with costs.

The conclusion of the jury, which was in the best position to assess the credibility of the witnesses, that the defendants' negligence was not a substantial factor in causing the accident is based upon a fair interpretation of the evidence. Accordingly, the Supreme Court properly denied the plaintiff's application to set aside the verdict as against the weight of the evidence (see Aprea v Franco,

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