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ERRICO v. CITY OF NEW YORK

279 A.D.2d 313 (2001)

718 N.Y.S.2d 831

MICHAEL P. ERRICO, Appellant, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 11, 2001.

The trial evidence, fairly interpreted, permitted the jury's verdict in favor of defendants-respondents and, accordingly, the trial court properly refused to set aside the verdict as against the weight of the evidence (see, Johnson v New York City Health & Hosps. Corp., 246 A.D.2d 88, 94, lv denied 92 N.Y.2d 816). The testimony, as credited by the jury, established that defendant Baez was proceeding into the intersection...

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