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DeTOIA v. YELLOW TRANSPORTATION, INC.

2008-04798

68 A.D.3d 804 (2009)

2009 NY Slip Op 9180

889 N.Y.S.2d 475

GERARD DeTOIA, Appellant, v. YELLOW TRANSPORTATION, INC., et al., Respondents.

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

Decided December 8, 2009.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the plaintiff's oral application pursuant to CPLR 4404 (a) to set aside the verdict as contrary to the weight of the evidence. Whether a jury verdict should be set aside as contrary to the weight of the evidence does not involve a question of law, but rather, requires a discretionary balancing of many factors (see Cohen v Hallmark Cards, 45 N.Y.2d 493

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