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JAMES ABENANTE et al., Respondents, v. STAR GAS CORPORATION, Doing Business as COLEMAN GAS SERVICE, Appellant.

Ordered that the judgment is affirmed, with costs.

For a court to conclude that a jury verdict is unsupported "by sufficient evidence as a matter of law, there must be `no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence presented at trial'" ( Nicastro v. Park, 113 AD2d 129, 132, quoting Cohen v. Hallmark Cards, 45 NY2d 493, 499). Moreover, a jury verdict will not be set aside as against the weight of the evidence unless it could not have been reached on any fair interpretation of the evidence ( see Aprea v. Franco, 292 AD2d 478, 479; Nicastro v. Park, supra at 134). In this case, the verdict was supported by legally sufficient evidence and was not contrary to the weight of the evidence ( see Nicastro v. Park, supra).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

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ABENANTE v. STAR GAS CORPORATION
(Dec 13, 2004)