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Bongiorno v. Edelman

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 659 (N.Y. App. Div. 2000)

Opinion

Argued September 14, 2000

October 23, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Held, J.), entered November 3, 1999, which, upon a jury verdict and upon the denial of their motion pursuant to CPLR 4404 to set aside the verdict, is in favor of the defendants and against them, dismissing the complaint .

Galvano Xanthakis, P.C., New York, N.Y. (Joseph Galvano and Christofer Collins of counsel), for appellants.

Cohen Goldstick, New York, N.Y. (Genine D. Edwards of counsel), for respondents.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The trial court correctly denied the plaintiffs' motion pursuant to CPLR 4404 to set aside the verdict. It cannot be said that the jury's finding in favor of the defendants could not be reached on any fair interpretation of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Ruscito v. Early, 253 A.D.2d 461; Nicastro v. Park, 113 A.D.2d 129).

Contrary to the plaintiffs' contentions, the evidence did not justify their request to charge the jury on a motor vehicle turning against traffic (see, Mudy v. Moore Bus. Forms, 262 A.D.2d 375). The trial court's charge was adequate to instruct the jury on the appropriate legal standards to be applied and the factual issues to be determined (see, Antipenko v. Schmidke, 255 A.D.2d 410; Brennan v. Commonwealth Bank Trust Co., 65 A.D.2d 636).


Summaries of

Bongiorno v. Edelman

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 659 (N.Y. App. Div. 2000)
Case details for

Bongiorno v. Edelman

Case Details

Full title:FRANK BONGIORNO, ET AL., APPELLANTS, v. DENNIS EDELMAN, ET AL., RESPONDENTS

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

Date published: Oct 23, 2000

Citations

276 A.D.2d 659 (N.Y. App. Div. 2000)
716 N.Y.S.2d 319