Opinion
May 17, 1971
In a negligence action to recover damages for personal injuries, loss of services, etc., defendant appeals from an order of the Supreme Court, Suffolk County, entered November 19, 1970, which granted plaintiffs' motion to set aside a jury verdict in defendant's favor upon the issue of liability and granted a new trial. Order reversed, with costs, plaintiffs' motion denied and jury verdict reinstated. We are of the opinion that, on the proof adduced, it may not be held that the preponderance of the evidence in favor of plaintiffs was so great that the finding in favor of defendant could not have been reached upon any fair interpretation of the evidence ( Olsen v. Chase Manhattan Bank, 10 A.D.2d 539, affd. 9 N.Y.2d 829; McGrath v. Abramowski, 35 A.D.2d 669). Latham, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.