Practice point: A verdict may not be set aside as being against the weight of the evidence unless the jury could not have reached the verdict on any fair interpretation of the evidence.
Practitioners should note that the issue of an expert witness’s credibility is considered up to the jury.
Case: Abdelkader v. Shahine, NY Slip Op 07210 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Foreclosures Law.
