Practice point: The Appellate Division affirmed the Supreme Court's denial of that branch of the motion which was to set aside the jury verdict on the issue of liability
and for judgment as a matter of law. The defendants failed to
demonstrate that there was no valid line of reasoning and permissible
inferences which could lead rational people to the conclusion reached by
the jury based on the evidence presented at trial, pursuant to CPLR 4404[a].
The Appellate Division also affirmed denial of that branch of the motion which was to set aside the jury verdict on the issue of
liability as contrary to the weight of the evidence. It is for the jury to make determinations as to the
credibility of the witnesses, and great deference in this regard is
accorded to the jury, which had the opportunity to see and hear the
witnesses. The Appellate Division found that, here, the disputed testimony of the parties presented issues of credibility which were for the jury to resolve.
Student note:: A jury verdict
should 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.
Case: Daniel v. Thomas, NY Slip Op 07467 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment in a rear-end collision action.
