Gartenhaus v. Bobover Yeshiva Bnei Zion

1 Citing case

  1. Walker v. Zdanowitz

    265 A.D.2d 404 (N.Y. App. Div. 1999)   Cited 14 times

    The jury's determination should not be set aside unless it could not have been reached based upon a fair interpretation of the evidence ( see, Rhoden v. Montalbo, supra; Nicastro v. Park, 113 A.D.2d 129, 134). The majority does not disturb the finding that Dr. Rimler was at fault, and that his negligence was a proximate cause of the plaintiff's injury ( see, Gartenhaus v. Bobover Yeshiva Bnei Zion, 237 A.D.2d 407). The question of whether he should be charged with 40% of the fault involves questions of credibility, which are particularly within the province of the jury ( see, Seaman v. Town of Babylon, 231 A.D.2d 704; Nitzke v. Loveland, 188 A.D.2d 1058).