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GAUDIELLO v. CITY OF NEW YORK

2009-10398.

80 A.D.3d 726 (2011)

GUISEPPINA GAUDIELLO, Appellant, v. CITY OF NEW YORK et al., Defendants, and MOTIVA ENTERPRISES, LLC, et al., Respondents.

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

Decided January 25, 2011.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated insofar as asserted against the defendants Motiva Enterprises, LLC, and Atlantic Auto Care, Inc., and a new trial is granted.

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 Lolik v Big V Supermarkets, 86 N.Y.2d 744...

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