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BRZUSZEWSKI, JR. v. 69-70 ASSOCIATES

299 A.D.2d 443 (2002)

749 N.Y.S.2d 900

HENRY F. BRZUSZEWSKI, JR., Appellant, v. 69-70 ASSOCIATES, Respondent. (And a Third-Party Action.)

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

Decided November 18, 2002.

Ordered that the judgment is affirmed, with costs.

A verdict must be set aside where there is "no valid line of reasoning and permissible inferences which could possibly lead rational [persons] to the conclusion reached by the jury on the basis of the evidence presented at trial" (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). "The test is not merely whether the jury erred in...

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