From Casetext: Smarter Legal Research

Reichert v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 654 (N.Y. App. Div. 2005)

Opinion

2004-08292.

April 25, 2005.

In an action to recover damages for personal injuries, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (O'Donoghue, J.), dated August 27, 2004, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against them, dismissing the complaint.

Zalman Schnurman, New York, N.Y. (Marc H. Miner and Norman E. Frowley of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Grace Goodman of counsel), for respondents.

Before: H. Miller, J.P., Ritter, Goldstein and Crane, JJ., concur.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' contention on appeal, there was a valid line of reasoning and permissible inferences which could have led rational people to the conclusion reached by the jury on the basis of the evidence presented at the trial, and the verdict was supported by a fair interpretation of the evidence ( see Cohen v. Hallmark Cards, 45 NY2d 493; Kiley v. Almar, Inc., 1 AD3d 570; Nicastro v. Park, 113 AD2d 129).

Under the facts of this case, any error in failing to specifically charge the jury that a defense witness was an interested witness does not warrant reversal ( see Palazzo v. Hartford Ins. Co. of Midwest, 10 AD3d 711; People v. Russo, 173 AD2d 576, 577; Perrin v. Winne, 123 AD2d 610).


Summaries of

Reichert v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 654 (N.Y. App. Div. 2005)
Case details for

Reichert v. City of New York

Case Details

Full title:ROMAN REICHERT et al., Appellants, v. CITY OF NEW YORK et al., Respondents

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

Date published: Apr 25, 2005

Citations

17 A.D.3d 654 (N.Y. App. Div. 2005)
792 N.Y.S.2d 915

Citing Cases

Christopher v. Coach Leasing

We note that the record establishes that, although the court agreed to give that charge, it ultimately…