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GRAY LINE N.Y. TOURS, INC. v. BIG APPLE MOVING & STORAGE, INC.

1425, 114496/09.

140 A.D.3d 478 (2016)

31 N.Y.S.3d 881

2016 NY Slip Op 04455

GRAY LINE NEW YORK TOURS, INC., et al., Appellants, v. BIG APPLE MOVING & STORAGE, INC., Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided June 9, 2016.

The verdict was legally supported by sufficient evidence and was not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 498-499 [1978]; Lolik v Big v Supermarkets, 86 N.Y.2d 744, 746 [1995]), and the jury was free to rationally credit the defendant driver's statement that the accident was caused by unanticipated brake failure, rather than the alternative causes...

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