LOPREIATO v. SCOTTI

2011-10124.

101 A.D.3d 829 (2012)

954 N.Y.S.2d 895

2012 NY Slip Op 8495

ONOFRIO LOPREIATO et al., Plaintiffs, and NICOLA LOPREIATO et al., Appellants, v. GAVIN SCOTTI et al., Respondents.

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

December 12, 2012.


Ordered that the order is affirmed, with costs.

"[A] jury verdict in favor of a defendant should not be set aside as contrary to the weight of the evidence unless the evidence preponderates so heavily in the plaintiff's favor that the verdict could not have been reached on any fair interpretation of the evidence" (Daniels v Simon, 99 A.D.3d 658, 659 [2012]; see Lolik v Big V Supermarkets, 86 N.Y.2d...

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