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Pennell v. Coleton

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 599 (N.Y. App. Div. 1998)

Opinion

February 23, 1998

Appeal from the Supreme Court, Westchester County (Rudolph, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the defendant is awarded one bill of costs.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).

Contrary to the plaintiff's contention, the Supreme Court correctly denied her motion to set aside the verdict pursuant to CPLR 4404 (a). The jury could have reached its determination on a fair interpretation of the evidence presented with consideration given to the credibility of the witnesses and the drawing of reasonable inferences therefrom ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Pomaro v. McKeon, 228 A.D.2d 572; Nicastro v. Park, 113 A.D.2d 129; Harris v. Armstrong, 97 A.D.2d 947).

Rosenblatt, J.P., Miller, Ritter and Krausman, JJ., concur.


Summaries of

Pennell v. Coleton

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 599 (N.Y. App. Div. 1998)
Case details for

Pennell v. Coleton

Case Details

Full title:VICTORIA PENNELL, Appellant, v. STUART COLETON, Respondent

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

Date published: Feb 23, 1998

Citations

247 A.D.2d 599 (N.Y. App. Div. 1998)
668 N.Y.S.2d 490