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Peros v. Suffolk County

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2003
303 A.D.2d 666 (N.Y. App. Div. 2003)

Opinion

2002-01618

Submitted February 20, 2003.

March 24, 2003.

In an action, inter alia, to recover damages for false arrest, the defendants Suffolk County and Suffolk County Police Department appeal from a judgment of the Supreme Court, Suffolk County (Dunn, J.), entered November 30, 2001, which, upon a jury verdict, and upon the denial of that branch of their motion which was pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability and dismiss the complaint or grant a new trial, is in favor of the plaintiff and against them in the principal sum of $10,000.

Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Anthony P. Moncayo of counsel), for appellants.

Patrick F. Broderick, Bayside, N.Y., for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence (see Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nicastro v. Park, 113 A.D.2d 129). Great deference is accorded to the jury, and determinations regarding the credibility of witnesses are for the fact-finders, who had the opportunity to see and hear the witnesses (see Corcoran v. People's Ambulette Serv., 237 A.D.2d 402). In this case the verdict on the issue of liability could have been reached by a fair interpretation of the evidence.

The appellants' remaining contentions are either unpreserved for appellate review or without merit.

ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.


Summaries of

Peros v. Suffolk County

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2003
303 A.D.2d 666 (N.Y. App. Div. 2003)
Case details for

Peros v. Suffolk County

Case Details

Full title:RENATO PEROS, respondent, v. SUFFOLK COUNTY, ET AL., appellants, ET AL.…

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

Date published: Mar 24, 2003

Citations

303 A.D.2d 666 (N.Y. App. Div. 2003)
756 N.Y.S.2d 783

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