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SICILIANO v. MIDDLETOWN PARK MANOR HEALTH FACILITY, LLC

54 A.D.3d 403 (2008)

862 N.Y.S.2d 294

SERAFINA SICILIANO, Respondent, v MIDDLETOWN PARK MANOR HEALTH FACILITY, LLC, et al., Appellants.

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

August 19, 2008.

Ordered that the judgment is reversed, on the facts, the motion pursuant to CPLR 4404 to set aside the verdict and for a new trial is granted, and a new trial is granted, with costs to abide the event.

The verdict could not have been reached on any fair interpretation of the evidence, and cannot be reconciled with a reasonable view of the evidence (see Zito v City of New York, 49 A.D.3d 872 [2008]; Martin v New York City...

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