Teehan v. Command Bus Co., Inc.

Full title: JOAN TEEHAN, Appellant, v. COMMAND BUS CO., INC., et al., Respondents

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

Date published: Jun 1, 1998

251 A.D.2d 321 (N.Y. App. Div. 1998)

673 N.Y.S.2d 1010

Opinion

June 1, 1998

Appeal from the Supreme Court, Kings County (Belen, J.).

Ordered that the order is affirmed, with costs.

A jury verdict may be set aside as against the weight of the evidence only when the jury could not have reached its verdict on any fair interpretation of the evidence (see, Grassi v. Ulrich, 87 N.Y.2d 954). Here, there was ample testimony offered by both the defendant Lascelles Lawrence, a bus driver for the defendant Command Bus Co., Inc., and the defendant Gregory Furman describing the events preceding the accident which could lead a reasonable jury to find that although Lawrence was negligent, Furman's actions were the sole cause of the accident (see also, Moskowitz v. Israel, 209 A.D.2d 676; Moller v. Lieber, 156 A.D.2d 434).

Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.