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Darmetta v. Ginsburg

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 498 (N.Y. App. Div. 1998)

Opinion

December 21, 1998

Appeal from the Supreme Court, Richmond County (Mastro, J.).


Ordered that the order is reversed, on the law and the facts, with costs, the motion is denied, and the jury verdict is reinstated.

The jury verdict in favor of the defendants clearly had a rational basis and therefore the Supreme Court erred in directing a verdict in favor of the plaintiffs ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499).

Further, the verdict was not against the weight of the evidence. A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence ( see, Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746). Determinations regarding the credibility of witnesses are for the fact-finders, who had the opportunity to see and hear the witnesses, and great deference is accorded to their findings ( see, Matter of Corcoran v. People's Ambulette Serv., 237 A.D.2d 402). A review of the evidence in this case demonstrates that a fair basis existed for the verdict in the defendants' favor ( see, Chiappone v. Greenebaum, 189 App. Div. 579).

Miller, J. P., Ritter, Copertino and Altman, JJ., concur.


Summaries of

Darmetta v. Ginsburg

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 498 (N.Y. App. Div. 1998)
Case details for

Darmetta v. Ginsburg

Case Details

Full title:PETER DARMETTA, an Infant, by His Mother and Natural Guardian, ANGELA…

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

Date published: Dec 21, 1998

Citations

256 A.D.2d 498 (N.Y. App. Div. 1998)
682 N.Y.S.2d 407

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