From Casetext: Smarter Legal Research

Marra v. Favara

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 722 (N.Y. App. Div. 1992)

Opinion

March 9, 1992

Appeal from the Supreme Court, Nassau County (Brucia, J.).


Ordered that the order is reversed, on the law and the facts and as a matter of discretion, without costs or disbursements, the plaintiff's motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate judgment on the verdict.

This negligence action arose when the plaintiff slipped and fell in the defendant's hair salon. Upon a trial limited to the issue of liability, both parties testified, offering drastically different accounts of what transpired in the salon when the plaintiff fell. Upon examining the record, we find that the verdict in favor of the defendant is not contrary to the weight of the evidence. "In order to set aside a jury verdict for a defendant, the evidence must preponderate so greatly in the plaintiff's favor that the verdict could not have been reached upon any fair interpretation of the evidence" (Columbia v Horowitz, 162 A.D.2d 579; Nicastro v Park, 113 A.D.2d 129; Salazar v Fisher, 147 A.D.2d 470). The jury's verdict, which must be accorded great deference (see, Salazar v Fisher, supra) was amply supported by the evidence presented.

Based on the foregoing we conclude that the trial court erred in setting aside the jury verdict and thus reinstate it. Thompson, J.P., Rosenblatt, Miller and Copertino, JJ., concur.


Summaries of

Marra v. Favara

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 722 (N.Y. App. Div. 1992)
Case details for

Marra v. Favara

Case Details

Full title:OLGA MARRA, Respondent, v. JOHN FAVARA, Doing Business as ANDRE HAIR…

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

Date published: Mar 9, 1992

Citations

181 A.D.2d 722 (N.Y. App. Div. 1992)

Citing Cases

Humiston v. Rochester Institute of Tech

We do not agree with plaintiff that the verdict was against the weight of the evidence. A jury verdict in…