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KAUFMAN v. COHEN

55 A.D.3d 380 (2008)

866 N.Y.S.2d 32

GERALD S. KAUFMAN et al., Respondents, v. IRWIN B. COHEN, Appellant.

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

October 16, 2008.

A verdict should only be set aside as against the weight of the evidence where it is palpably wrong and the jury could not have reached its conclusion upon any fair interpretation of the evidence (see Rivera v 4064 Realty Co., 17 A.D.3d 201 [2005], lv denied 5 N.Y.3d 713 [2005]). Here, the evidence presented at trial enabled the jurors to conclude rationally that plaintiffs had neither actual...

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