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ENRICO CICALESE, APPELLANT, ET AL., PLAINTIFF, v. JOSEPH CARUANA, ETC., RESPONDENT.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The standard to be applied on a challenge to a jury verdict in favor of the defendant based on the weight of the evidence is whether the evidence preponderates so greatly in the plaintiff's favor that the verdict could not have been reached upon any fair interpretation of the evidence. In making that determination, great deference must be accorded to the fact-finding function of the jury (see, e.g., Cucuzza v. New York City Tr. Auth., 251 A.D.2d 445; Torrillo v. Command Bus Co., 206 A.D.2d 520; Tarantino v. Vanguard Leasing Co., 187 A.D.2d 422; Columbia v. Horowitz, 162 A.D.2d 579; Varsi v. Stoll, 161 A.D.2d 590; Birnbaum v. All-State Vehicle, 139 A.D.2d 553; Nicastro v. Park, 113 A.D.2d 129).

Here, the verdict is supported by the weight of the credible evidence (cf., Cicalese v. Caruana, 250 A.D.2d 568).

The appellant's remaining contentions are without merit.

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CICALESE v. CARUANA
(Jul 31, 2000)