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Shencavitz v. Bellafiore

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 271 (N.Y. App. Div. 1998)

Opinion

October 5, 1998

Appeal from the Supreme Court, Suffolk County (Newmark, J.).


Ordered that the judgment is affirmed, with costs.

A jury verdict will not be set aside as against the weight of the evidence unless the jury could not have reached its conclusion upon any fair interpretation of the evidence ( see, Walters v. Castle Vil. Owners Corp., 166 A.D.2d 316). Contrary to the plaintiffs' contention, a rational jury could have concluded that the defendants were not negligent.

The plaintiffs' remaining contention is not preserved for appellate review ( see, Burke v. Santoro, 172 A.D.2d 579; Goldberg v. Union Hardware Co., 162 A.D.2d 658).

Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.


Summaries of

Shencavitz v. Bellafiore

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1998
254 A.D.2d 271 (N.Y. App. Div. 1998)
Case details for

Shencavitz v. Bellafiore

Case Details

Full title:JOYCE SHENCAVITZ et al., Appellants, v. FRANK BELLAFIORE et al.…

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

Date published: Oct 5, 1998

Citations

254 A.D.2d 271 (N.Y. App. Div. 1998)
678 N.Y.S.2d 289