Opinion
May 30, 2000
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered May 5, 1999, which granted the plaintiffs' motion to set aside a jury verdict on the issue of liability in favor of the defendant, and for a new trial.
Edwards Angell, LLP, New York, N.Y. (Ira G. Greenberg and Joli Lyn Gross of counsel), for appellant.
Michael N. David, New York, N.Y. (Murry Bohenfield of counsel), for respondents.
Before: Friedmann, J. P., Krausman, Luciano and Schmidt, JJ.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the verdict is reinstated.
The law is settled that a verdict in favor of a defendant should not be set aside unless the evidence preponderates so heavily in the plaintiff's favor that the verdict could not have been reached on any fair interpretation of the evidence ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nicastro v. Park, 113 A.D.2d 129). Here, the evidence presented sharp issues of fact regarding the location of the accident. The verdict was supported by a fair interpretation of the evidence and the Supreme Court erred in setting it aside ( see, Kupfer v. Dalton, 169 A.D.2d 819).