Lenhart v. City of New York

Full title: JOHN D. LENHART, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Apr 27, 1998

249 A.D.2d 516 (N.Y. App. Div. 1998)

671 N.Y.S.2d 347

Opinion

April 27, 1998

Appeal from the Supreme Court, Queens County (Golia, J.).

Ordered that the order and judgment is affirmed, with costs.

It is well settled that a verdict in favor of the defendant should not be set aside unless the evidence preponderates so heavily in the plaintiff's favor that the verdict could not have been reached on any fair interpretation of the evidence ( see, Lolik v. Big v. Supermarkets, 86 N.Y.2d 744). Here, there was sufficient evidence to support the jury's verdict that the plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d) ( see, Keegan v. Prout, 215 A.D.2d 629). Accordingly, the Supreme Court properly denied the plaintiff's motion to set aside the verdict.

The plaintiff's remaining contentions are without merit.

Rosenblatt, J.P., Copertino, Goldstein and McGinity, JJ., concur.