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Grippo v. Sinatra

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 301 (N.Y. App. Div. 1999)

Opinion

Argued June 18, 1999

October 4, 1999

Appeal from a judgment of the Supreme Court, Richmond County (Rosenberg, J.).


ORDERED that the judgment is affirmed, with costs.

A vehicle driven by the defendant Dorothy Sinatra and owned by the defendant Frank Sinatra collided with the rear of a vehicle owned and operated by the plaintiff Robert Grippo. The jury returned a verdict finding the defendants not at fault in the happening of the accident.

Contrary to the plaintiffs' contention, the jury verdict finding the defendants not at fault was not against the weight of the evidence. It is well settled that "a jury verdict in favor of a defendant should not be set aside unless `the jury could not have reached the verdict on any fair interpretation of the evidence'" ( Nicastro v. Park, 113 A.D.2d 129, 134, quoting Delgado v. Board of Educ., 65 A.D.2d 547, affd 48 N.Y.2d 643). The jury could reasonable have found from the evidence that Grippo cut in front of the defendants' vehicle, which caused the defendants to skid on the wet road into the rear of Grippo's vehicle ( see, Torrillo v. Command Bus Co., 206 A.D.2d 520). Under these circumstances, it cannot be said that the jury verdict was against the weight of the evidence ( see, Carotenuto v. Harran Transp. Co., 226 A.D.2d 334; Galimberti v. Carrier Indus., 222 A.D.2d 649).

The plaintiffs' remaining contentions are unpreserved for appellate review.

BRACKEN, J.P., O'BRIEN, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

Grippo v. Sinatra

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 301 (N.Y. App. Div. 1999)
Case details for

Grippo v. Sinatra

Case Details

Full title:ROBERT GRIPPO, et al., appellants, v. FRANK SINATRA, et al., respondents

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

Date published: Oct 4, 1999

Citations

265 A.D.2d 301 (N.Y. App. Div. 1999)
696 N.Y.S.2d 208

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