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Brenner v. Stivelman

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 812 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the Supreme Court, Nassau County (Becker, J.).


Order reversed, without costs or disbursements, plaintiffs' motion denied, jury verdict reinstated, and matter remitted to Trial Term for the entry of an appropriate judgment.

The trial court erred in setting aside the jury verdict and ordering a new trial. Contrary to its finding, the evidence did present questions of fact as to the appellant's negligence. It cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence. ( See, Delgado v Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643.) Gibbons, J.P., Bracken, O'Connor and Brown, JJ., concur.


Summaries of

Brenner v. Stivelman

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 812 (N.Y. App. Div. 1985)
Case details for

Brenner v. Stivelman

Case Details

Full title:SELMA BRENNER et al., Respondents, v. RICHARD STIVELMAN, Appellant

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

Date published: Mar 18, 1985

Citations

109 A.D.2d 812 (N.Y. App. Div. 1985)

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