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MANNE v. MUSEUM OF MODERN ART

39 A.D.3d 368 (2007)

833 N.Y.S.2d 499

ALBERT MANNE et al., Appellants, v. MUSEUM OF MODERN ART, Respondent.

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

Decided April 19, 2007.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its conclusion upon any fair interpretation of the evidence (see Nicastro v Park, 113 A.D.2d 129 [1985]; Cornier v Spagna, 101 A.D.2d 141, 149 [1984]). Disputes as to proof are "for the jury to resolve in assessing all of the evidence as well as the credibility of the witnesses...

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