Opinion
October 16, 1961
In an action by an elderly passenger on a bus owned by defendant corporation and operated by the individual defendant, to recover damages for personal injuries allegedly sustained while alighting on a broken curb at a bus terminal on a street in Freeport, Nassau County, defendants appeal from so much of an order of the Supreme Court, Nassau County, dated March 6, 1961, as granted plaintiff's motion, made pursuant to section 549 of the Civil Practice Act, to set aside the jury's verdict in favor of the defendants, and directed a new trial. Order insofar as appealed from reversed, without costs; plaintiff's motion denied, and verdict for defendants reinstated. On the proof adduced, it may not be held that the evidence preponderates so greatly in favor of plaintiff as to establish that the jury's verdict for the defendants could not have been reached upon any fair interpretation of the evidence ( Musumeci v. Pillsbury Mills, 12 A.D.2d 941; Mieuli v. New York Queens County Ry. Co., 136 App. Div. 373). Nolan, P.J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.