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CURRERI v. NEW TOWN AND COUNTRY CORPORATION

60 A.D.3d 718 (2009)

875 N.Y.S.2d 207

JOSEPH CURRERI et al., Appellants, v. NEW TOWN AND COUNTRY CORPORATION, Respondent. (And a Third-Party Action.) (Action No. 1.) JOSEPH CURRERI et al., Appellants, v. HEIDI CONSTRUCTION CORPORATION, Respondent. (And a Third-Party Action.) (Action No. 2.).

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

Decided March 10, 2009.

Ordered that the judgments are affirmed insofar as appealed from, with one bill of costs to the respondents.

A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence (see Nicastro v Park, 113 A.D.2d 129, 134 [1985]). The "discretionary power to set aside a jury verdict and order a new trial must be exercised...

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