Opinion
2012-06-8
Ruth S. HARRIS, Plaintiff–Appellant, v. William STOELZEL and Shirley Stoelzel, Defendants–Respondents.
Appeal from a judgment of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered March 30, 2011. The judgment dismissed the complaint upon a jury verdict. Camardo Law Firm, P.C., Auburn (Kevin M. Cox of Counsel), for plaintiff-appellant. Law Office of Norman J. Chirco, Auburn (Norman J. Chirco of Counsel), for defendants-respondents.
Appeal from a judgment of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered March 30, 2011. The judgment dismissed the complaint upon a jury verdict.
Camardo Law Firm, P.C., Auburn (Kevin M. Cox of Counsel), for plaintiff-appellant. Law Office of Norman J. Chirco, Auburn (Norman J. Chirco of Counsel), for defendants-respondents.
MEMORANDUM:
Plaintiff commenced this action seeking, inter alia, a judgment declaring that she acquired an easement by prescription on three portions of defendants' property, for the benefit of her property. Following a trial, the jury returned a verdict in favor of defendants. Plaintiff failed to preserve for our review her contention that the verdict is against the weight of the evidence inasmuch as she failed to make a timely motion to set aside the verdict on that ground ( see Murdoch v. Niagara Falls Bridge Commn., 81 A.D.3d 1456, 1457, 917 N.Y.S.2d 501,lv. denied 17 N.Y.3d 702, 2011 WL 2237281;Homan v. Herzig [Appeal No. 2], 55 A.D.3d 1413, 1413–1414, 865 N.Y.S.2d 189). In any event, it cannot be said that “the evidence so preponderated in favor of the plaintiff that [the verdict] could not have been reached on any fair interpretation of the evidence” ( Martinez v. Wascom, 57 A.D.3d 1415, 1416, 871 N.Y.S.2d 549 [internal quotation marks omitted]; see Manouselis v. Woodworth Realty, LLC, 83 A.D.3d 801, 920 N.Y.S.2d 683;see generally Lolik v. Big V Supermarkets, 86 N.Y.2d 744, 746, 631 N.Y.S.2d 122, 655 N.E.2d 163).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.