McINTOSH v. CITY OF NEW YORK


13 A.D.3d 421 (2004)

785 N.Y.S.2d 701

MARTIN A. McINTOSH et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

December 13, 2004.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' contentions, the verdict was not against the weight of the evidence. A jury verdict in favor of a defendant should not be set aside unless "the jury could not have reached its verdict on any fair interpretation of the evidence" (Delgado v Board of Educ. of Union Free School Dist. No. 1 of Towns of Greenburgh & Mt. Pleasant, 65 A.D.2d 547 [1978...

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