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Lenhard v. Max Finkelstein, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1101 (N.Y. App. Div. 1996)

Opinion

March 8, 1996

Appeal from the Supreme Court, Kings County, Shaw, J.

Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: "It is well settled that a jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence" ( Buckenberger v Clark Constr. Corp., 208 A.D.2d 790, 791, citing Nicastro v Park, 113 A.D.2d 129, 134). The verdict finding that defendants were not negligent is based upon a fair interpretation of the evidence. The jury could have fairly determined that defendant O'Connell was not negligent in his operation of the truck and that he could not avoid the accident when plaintiff's decedent suddenly crossed in front of the truck on his bicycle ( see, Buchberger v Barrack, 151 A.D.2d 632; see also, Weise v Lazore, 99 A.D.2d 919, lv denied 62 N.Y.2d 606).


Summaries of

Lenhard v. Max Finkelstein, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1101 (N.Y. App. Div. 1996)
Case details for

Lenhard v. Max Finkelstein, Inc.

Case Details

Full title:EMILY LENHARD, as Administratrix of the Estate of WILLIAM LENHARD…

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

Date published: Mar 8, 1996

Citations

225 A.D.2d 1101 (N.Y. App. Div. 1996)
639 N.Y.S.2d 747

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