September 17, 2013

Setting aside a jury verdict.

Practice point:  A jury verdict will not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence. When a verdict can be reconciled with a reasonable view of the evidence, the successful party is entitled to the presumption that the jury adopted that view.

Student note:  The jury's determination of witness credibility is entitled to great deference, as the jurors had the opportunity to see and hear the witnesses.

Case:  Cinao v. Reers, NY Slip Op. 05791 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue: Counsel fees in a divorce action.