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Klein v. Lombardi

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 789 (N.Y. App. Div. 2003)

Opinion

2002-06360.

December 29, 2003.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Held, J.), entered May 2, 2002, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against them, dismissing the complaint.

Carol L. Schlitt, Huntington, N.Y., for appellants.

Ellenberg Rigby, LLP, New York, N.Y. (Kenneth Arthur Rigby and Charles Lim of counsel), for respondents.

Before: HOWARD MILLER and SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiffs' argument, it cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence. Thus, we conclude that the verdict was not against the weight of the evidence ( see Lolik v. Big v. Supermarkets, 86 N.Y.2d 744, 746; Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498; Zavos v. White, 234 A.D.2d 363; Rice v. Massalone, 160 A.D.2d 861, 862; Nicastro v. Park, 113 A.D.2d 129, 133).

The plaintiffs' remaining contentions either are unpreserved for appellate review or without merit.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.


Summaries of

Klein v. Lombardi

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 789 (N.Y. App. Div. 2003)
Case details for

Klein v. Lombardi

Case Details

Full title:AVIVA KLEIN, ET AL., appellants, v. ROBERT S. LOMBARDI, ET AL., respondents

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

Date published: Dec 29, 2003

Citations

2 A.D.3d 789 (N.Y. App. Div. 2003)
769 N.Y.S.2d 407

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