Moreno v. Thaler

Full title: HECTOR MORENO et al., Respondents, v. MICHAEL THALER, Appellant

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

Date published: Nov 17, 1998

255 A.D.2d 195 (N.Y. App. Div. 1998)

679 N.Y.S.2d 814

Opinion

November 17, 1998

Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).

Although it did not explicitly so state, it is clear that the trial court concluded, correctly, that in view of the sharply conflicting evidence on the issue of causation, plaintiff's serious injury and the jury's inexplicably low award therefor, it was highly likely that the verdict was a compromise verdict, and properly directed a new trial on all issues ( see, Sheffield v. New York City Hous. Auth., 200 A.D.2d 369).

Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.