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MERCALDO v. COUNTY OF SUFFOLK

306 A.D.2d 256 (2003)

760 N.Y.S.2d 354

JAMES MERCALDO, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided June 2, 2003.

Ordered that the judgment is affirmed, with costs.

It is well settled that a jury verdict in favor of a defendant should not be set aside as against the weight of the evidence and a new trial granted unless "the jury could not have reached the verdict on any fair interpretation of the evidence" (Nicastro v Park, 113 A.D.2d 129, 134 [1985] [internal quotation marks omitted]). In...

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