Baker v. Galpine

Full title: BETH BAKER et al., Appellants, v. KATHLEEN GALPINE, Respondent

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

Date published: Oct 5, 1998

254 A.D.2d 239 (N.Y. App. Div. 1998)

678 N.Y.S.2d 267

Opinion

October 5, 1998

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' contention, the trial court did not err in denying their motion to set aside the verdict as against the weight of the evidence since the jury could have concluded, based upon a fair interpretation of the evidence, that the defendant was not negligent in the operation of her automobile ( see generally, Nicastro v. Park, 113 A.D.2d 129, 134).

The plaintiffs' remaining contentions are without merit.

Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.