PHILLIPS v. KATZMAN

6226, 301712/08.

90 A.D.3d 436 (2011)

933 N.Y.S.2d 859

2011 NY Slip Op 8802

PAULINE PHILLIPS, Appellant, v. PAUL KATZMAN, Respondent.

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

Decided December 6, 2011.


Great deference is given to a jury's determination as to issues of credibility. However, "that principle should not be carried to such an extreme that a verdict is allowed to stand based on testimony which is utterly incredible as a matter of law because it is manifestly untrue, physically impossible, or contrary to common experience, and such testimony should be disregarded as being without evidentiary value notwithstanding that is is uncontradicted" (Cruz v New York...

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