Practice point: Pursuant to CPLR 4404(a),were the verdict is contrary to the weight of the evidence, a court may set aside a jury verdict and either (1) direct that judgment be entered in favor of a party, or (2) order a new trial.
Student note: The standard is whether the evidence so preponderates in favor of the movant that the jury could not have reached the verdict by any fair interpretation of the evidence.
Case: Kim v. New York City Dept. 2011
Tomorrow's issue: Attorney discipline.
