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LINDA R. CAMERON et al., Respondents, v. PAUL PERMAKOFF, Appellant.

In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Nassau County, dated June 5, 1970, which granted plaintiffs' motion to set aside a jury verdict in defendant's favor and directed a new trial split on the issues of liability and damages. Order reversed, with costs, plaintiffs' motion denied and jury verdict reinstated. On the proof adduced, it may not be said that the evidence preponderates so greatly in favor of plaintiffs as to establish that the jury's verdict for defendant "could not have been reached upon any fair interpretation of the evidence" ( Olsen v. Chase Manhattan Bank, 10 A.D.2d 539, 544, affd. 9 N.Y.2d 829). Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

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CAMERON v. PERMAKOFF
(Dec 7, 1970)