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CHEN v. CITY OF NEW YORK

64 A.D.3d 542 (2009)

881 N.Y.S.2d 332

JIAN REN CHEN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 7, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

A jury verdict "should be set aside as against the weight of the evidence only when it could not have been reached on any fair interpretation of the evidence" (Shaw v Board of Educ. of City of N.Y., 5 A.D.3d 468, 468 [2004]). The Supreme Court properly denied the plaintiff's motion, in effect, pursuant to CPLR 4404 (a) to set aside the jury verdict on...

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