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BARNES v. TODD

285 A.D.2d 373 (2001)

728 N.Y.S.2d 450

WILLIAM BARNES, Respondent, v. GREGORY K. TODD et al., Appellants.

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

Decided July 12, 2001.

We do not agree with the trial court that the verdict in defendants' favor was against the weight of the evidence, since the paucity of plaintiff's proof with respect to the crucial issues permitted the jury fairly to conclude that plaintiff had not met his burden of proof (see, Niewieroski v National Cleaning Contrs., 126 A.D.2d 424, lv denied 70 N.Y.2d 602; Marton v McCasland, 16 A.D.2d 781

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