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CASTANO v. AGUERA

23 A.D.3d 327 (2005)

803 N.Y.S.2d 439

MANUEL CASTANO et al., Appellants, v. JOSE M. AGUERA et al., Respondents.

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

November 7, 2005.

Ordered that the judgment is affirmed, with costs.

A jury verdict in favor of a defendant should not be set aside as against the weight of the evidence unless the evidence preponderates so heavily in the plaintiff's favor that the verdict could not have been reached on any fair interpretation of the evidence (see Spencer v City of New York, 300 A.D.2d 468 [2002]; Asaro v Micali, 292 A.D.2d 552

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