Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

CICILLINI v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Feb 22, 2005
Important Paras
Please sign up to view Important Paras.

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

A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence ( see Lolik v. Big V Supermarkets, 86 NY2d 744, 746; Finucane v. Negri, 301 AD2d 626; Nicastro v. Park, 113 AD2d 129, 134). Great deference is accorded to the fact-finding function of the jury, and determinations regarding the credibility of witnesses are for the jury, which had the opportunity to see and hear the witnesses ( see Corcoran v. People's Ambulette Serv., 237 AD2d 402). On the evidence presented, the jury could have reached its verdict based on a fair interpretation of the evidence.

The plaintiff's remaining contention is without merit.