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Schecter v. Downing

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 328 (N.Y. App. Div. 2000)

Opinion

Argued January 27, 2000

March 17, 2000

In an action, inter alia, to recover damages for wrongful death, the plaintiff, June Schecter, as administrator of the estate of Steven Jeffrey Schecter, deceased, appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered December 1, 1998, which, upon a jury verdict, and upon the denial of her motion pursuant to CPLR 4404 N.Y.CPLR to set aside the verdict, is in favor of the defendants and against her, dismissing the complaint.

Elovich Adell, Long Beach, N.Y. (Lawrence E. Elovich, A. Trudy Adell, and Mitchel Sommer of counsel), for appellant.

Vincent D. McNamara, East Norwich, N.Y., for respondents.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the trial court did not err in denying her motion pursuant to CPLR 4404 N.Y.CPLR to set aside the verdict as against the weight of the evidence as the jury's verdict was based upon a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.


Summaries of

Schecter v. Downing

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 328 (N.Y. App. Div. 2000)
Case details for

Schecter v. Downing

Case Details

Full title:JUNE SCHECTER, ETC., Appellant, v. JOHN WILLIAM DOWNING, et al.…

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 328 (N.Y. App. Div. 2000)
705 N.Y.S.2d 234