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NELSON v. SCHWARTZ

2010-06818.

90 A.D.3d 626 (2011)

933 N.Y.S.2d 880

2011 NY Slip Op 8917

VALERIE NELSON, Appellant, v. BENJAMIN M. SCHWARTZ, M.D., et al., Respondents, et al., Defendant.

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

Decided December 6, 2011.

Ordered that the judgment is affirmed, with one bill of costs.

"A jury verdict in favor of a defendant may not be set aside as being against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence" (Landau v Rappaport, 306 A.D.2d 446, 446-447 [2003]; see Nicastro v Park, 113 A.D.2d 129, 134 [1985]). This standard "was...

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