October 31, 2021

Jury verdicts.

A verdict for the defendant may not be set aside as contrary to the weight of the evidence unless the evidence preponderates so heavily in the plaintiff's favor that it could not have been reached on any fair interpretation of the evidence. Issues of credibility are for the jury, and the jury's resolution of those issues is given deference. Where there is conflicting expert testimony, the jury is entitled to accept one expert's opinion and reject that of another expert.

Abbene v. Conetta, NY Slip Op 05682 (2d Dep't October 20, 2021)

Here is the decision.