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Freeman v. National Audubon Society, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1999
266 A.D.2d 430 (N.Y. App. Div. 1999)

Opinion

Argued September 13, 1999

November 30, 1999

In an action to recover damages for personal injuries, the second third-party defendant, Don McErlean Construction, appeals from so much of a judgment of the Supreme Court, Kings County (Arniotes, J.), dated May 4, 1998, as, upon a jury verdict finding it to be 70% at fault in the happening of the accident which caused the plaintiff's injuries, is in favor of the plaintiff and against it in the principal sum of $549,858.40.

Armienti Brooks, P.C., New York, N.Y. (Jonathan M. Citrin and Peter Pearson Traub, Jr., of counsel), for second third-party defendant-appellant.

Garbarini Scher, P.C., New York, N.Y. (Nancy A. Breslow of counsel), for third-party defendant and second third-party plaintiff-respondent.

Anne D. Pope, New York, N.Y. (Samuel A. Almon of counsel), for defendant Roosevelt Connection, Ltd.

LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs to the respondent.

We find unpersuasive the appellant's claim that the verdict on the apportionment of fault was against the weight of the credible evidence. It is well settled that a jury verdict will not be set aside absent a showing that the jurors could not have reached their verdict on any fair interpretation of the evidence ( see, Nelson v. City of New Rochelle, 154 A.D.2d 661; Burgess v. DeAngelis, 135 A.D.2d 679; Nicastro v. Park, 113 A.D.2d 129). A review of the evidence in this case demonstrates that a fair basis existed for the verdict.

The appellant's remaining contention is unpreserved for appellate review and we decline to review it in the exercise of our interest of justice jurisdiction.

BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.


Summaries of

Freeman v. National Audubon Society, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1999
266 A.D.2d 430 (N.Y. App. Div. 1999)
Case details for

Freeman v. National Audubon Society, Inc.

Case Details

Full title:MICHAEL FREEMAN, plaintiff-respondent, v. NATIONAL AUDUBON SOCIETY, INC.…

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

Date published: Nov 30, 1999

Citations

266 A.D.2d 430 (N.Y. App. Div. 1999)
698 N.Y.S.2d 883