Vaz v. Hantverk

Full title: YVONNE VAZ, Respondent, v. JED HANTVERK, Appellant

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

Date published: Jan 11, 1999

257 A.D.2d 570 (N.Y. App. Div. 1999)

682 N.Y.S.2d 899

Opinion

January 11, 1999.

Appeal from the Supreme Court, Nassau County (Levitt, J.).

Ordered that the order is reversed, on the law, with costs, the motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment dismissing the complaint.

Contrary to the determination of the Supreme Court, the verdict in favor of the defendant was not inconsistent, and it. was not against the weight of the evidence. Therefore, the Supreme Court should not have granted the plaintiff's motion to set aside the verdict ( see, Otero v. Hyatt, 235 A.D.2d 407; Nicastro v. Park, 113 A.D.2d 129).

O'Brien, J.P., Sullivan, Krausman and Florio, JJ., concur.