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STRYKER SEC. GROUP INC. v. ELITE INVESTIGATIONS LTD.

8760, 151183/13.

170 A.D.3d 553 (2019)

97 N.Y.S.3d 63

2019 NY Slip Op 02162

Stryker Security Group Inc., Respondent, v. Elite Investigations Ltd., Appellant/Third-Party Plaintiff-Appellant. William Mlynarick et al., Third-Party Defendants-Respondents.

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

Decided March 21, 2019.

The jury verdict against defendant and in favor of third-party defendant Anthony Romano is not against the weight of the evidence. If the jury believed Romano and third-party defendant William Mlynarick instead of defendant's witnesses —as it was entitled to do (James v Farhood, 96 A.D.3d 503, 504 [1st Dept 2012])—we cannot conclude that the evidence weighed so heavily in defendant's favor that the verdict could not...

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