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DELVA v. NEW YORK CITY TRANSIT AUTHORITY

2009-06585.

85 A.D.3d 712 (2011)

924 N.Y.S.2d 832

2011 NY Slip Op 5013

JEAN DELVA, Individually and as Natural Guardian of ANTHONY DELVA, an Infant, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided June 7, 2011.

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the verdict is granted, the complaint is reinstated, 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,

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