AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

EMILY LENHARD, as Administratrix of the Estate of WILLIAM LENHARD, Deceased, Appellant, v. MAX FINKELSTEIN, INC., et al., Respondents.

Judgment unanimously affirmed without costs. Memorandum: "It is well settled that a jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence" ( Buckenberger v Clark Constr. Corp., 208 A.D.2d 790, 791, citing Nicastro v Park, 113 A.D.2d 129, 134). The verdict finding that defendants were not negligent is based upon a fair interpretation of the evidence. The jury could have fairly determined that defendant O'Connell was not negligent in his operation of the truck and that he could not avoid the accident when plaintiff's decedent suddenly crossed in front of the truck on his bicycle ( see, Buchberger v Barrack, 151 A.D.2d 632; see also, Weise v Lazore, 99 A.D.2d 919, lv denied 62 N.Y.2d 606).

Use AI to get other relevant cases.

Comments

LENHARD v. MAX FINKELSTEIN, INC
(Mar 8, 1996)