JOYNER v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER


303 A.D.2d 720 (2003)

756 N.Y.S.2d 873

ROGER J. JOYNER et al., Respondents, v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER et al., Appellants.

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

Decided March 31, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion to set aside the verdict. A jury verdict should not be set aside as against the weight of the evidence unless the verdict could not have been reached upon any fair interpretation of the evidence (see Nicastro v Park, 113 A.D.2d 129 [1985]). The jury verdict, which found that...

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