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CHOLEWINSKI v. WISNICKI

21 A.D.3d 791 (2005)

801 N.Y.S.2d 576

ADRIAN CHOLEWINSKI et al., Respondents, v. H. JAY WISNICKI, M.D., et al., Appellants, et al., Defendants.

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

September 15, 2005.

The trial court erred in granting plaintiffs' motion to set aside the verdict as against the weight of the evidence. "[I]n the absence of indications that substantial justice has not been done, a successful litigant is entitled to the benefits of a favorable jury verdict" (Nicastro v. Park, 113 A.D.2d 129, 133 [1985]; accord McDermott v. Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]). Moreover...

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