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Simoncini v. Krueger International, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 745 (N.Y. App. Div. 1999)

Opinion

March 29, 1999

Appeal from the judgment of the Supreme Court, Westchester County (Coppola, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contentions, the evidence adduced at trial did not so preponderate in her favor that the jury verdict in favor of the defendants could not have been reached upon any fair interpretation of the evidence ( see, Keegan v. Prout, 215 A.D.2d 629, 630; Nicastro v. Park, 113 A.D.2d 129, 134). The evidence proffered by the plaintiff in an effort to establish that the defendant manufactured the chair that allegedly caused her injuries was contradictory and inconclusive, and the jury was entitled to discredit this evidence ( see, Libman v. McKnight, 204 A.D.2d 856, 859; Hershkowitz v. Saint Michel, 143 A.D.2d 809).

Moreover, any prejudice resulting from the erroneous admission and subsequent withdrawal of certain irrelevant purchase orders was rendered harmless by the trial court's curative instructions to the jury ( see, Tomanelli v. Lizda Realty, 174 A.D.2d 889, 890; Kutanovski v. DeCicco, 152 A.D.2d 540, 541).

S. Miller, J. P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

Simoncini v. Krueger International, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 745 (N.Y. App. Div. 1999)
Case details for

Simoncini v. Krueger International, Inc.

Case Details

Full title:KATHRYN SIMONCINI, Appellant, v. KRUEGER INTERNATIONAL, INC., Respondent…

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

Date published: Mar 29, 1999

Citations

259 A.D.2d 745 (N.Y. App. Div. 1999)
686 N.Y.S.2d 306