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WEISS v. WAPNIAK

283 A.D.2d 573 (2001)

724 N.Y.S.2d 655

LORI WEISS et al., Respondents, v. ELLIOT WAPNIAK, Appellant.

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

Decided May 21, 2001.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon appellate review, a trial court's exercise of its discretion to set aside a jury verdict as against the weight of the evidence must be accorded great respect (see, Nicastro v Park, 113 A.D.2d 129). Here, the Supreme Court properly granted the plaintiffs' motion insofar as it sought to set aside that portion of the jury's verdict...

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