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Mauskopf v. 441 Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1983
96 A.D.2d 507 (N.Y. App. Div. 1983)

Opinion

July 5, 1983


In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Kartell, J.), entered June 18, 1982, which is in favor of defendant upon the trial court's granting of defendant's motion to set aside a unanimous jury verdict in plaintiffs' favor and to dismiss the complaint. Judgment reversed, with costs, motion denied and jury verdict reinstated. This court has held that "[i]f a jury verdict is one which reasonable men could have rendered after reviewing conflicting evidence, the trial court may not substitute its personal judgment in place of the verdict, no matter how much the court may disagree with that verdict" ( Singer v Crupi, 83 A.D.2d 962). At bar, the case was properly submitted to the jury. The determination that defendant was negligent and that the plaintiff wife was free from any contributory negligence was rationally made based on the conflicting evidence presented at trial. As a result, the trial court erred by setting aside the verdict. Thompson, J.P., O'Connor, Weinstein and Bracken, JJ., concur.


Summaries of

Mauskopf v. 441 Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1983
96 A.D.2d 507 (N.Y. App. Div. 1983)
Case details for

Mauskopf v. 441 Realty Company

Case Details

Full title:HERMINA MAUSKOPF et al., Appellants, v. 441 REALTY COMPANY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 1983

Citations

96 A.D.2d 507 (N.Y. App. Div. 1983)