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Franklin v. Fiedler

Supreme Court of New York, Second Department

June 12, 2013

Theresa M. Franklin, appellant,
v.
Bernard Fiedler, respondent. Index No. 3796/08

Seth Nolan Chase, Mineola, N.Y. (Law Office of Brian S. Jones, P.C., of counsel), for appellant.

Abamont & Associates, Garden City, N.Y. (Hodges, Walsh & Slater, LLP [Stephen H. Slater and Paul E. Svensson], of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeStefano, J.), entered November 1, 2011, which denied her motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the defendant on the issue of liability as contrary to the weight of the evidence and for a new trial.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly determined that the jury verdict, finding that the defendant was not negligent, was based on a fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 N.Y.2d 744; Nicastro v Park, 113 A.D.2d 129). Accordingly, the Supreme Court properly denied the plaintiff's motion pursuant to CPLR 4404(a) to set aside the verdict as contrary to the weight of the evidence and for a new trial.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.


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