DELLAVENTURA v. CITY OF NEW YORK


54 A.D.3d 802 (2008)

863 N.Y.S.2d 772

SALVATORE DELLAVENTURA et al., Appellants, v. CITY OF NEW YORK, Defendant, and PABLITO MEJIA et al., Respondents.

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

September 16, 2008.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff contends that the jury verdict was against the weight of the evidence. "`A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that it could not have been reached upon any fair interpretation of the evidence'" (Evers v Carroll,

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