Appellate Division of the Supreme Court of New York, 1996

Pomaro v. McKeon

Appellate Division of the Supreme Court of New York · Decided June 17, 1996

228 A.D.2d 572; 644 N.Y.2d 638; 644 N.Y.S.2d 638; 1996 N.Y. App. Div. LEXIS 7097

Cases that cite this one

5 later published cases cite this decision.

Peskin v. City of New York (Appellate Division of the Supreme Court of New York 2002)
Pennell v. Coleton (Appellate Division of the Supreme Court of New York 1998)
Wertzberger v. City of New York (Appellate Division of the Supreme Court of New York 1998)
Clements v. Lindsey (Appellate Division of the Supreme Court of New York 1997)
Frumusa v. P. J. Weyer Construction, Inc. (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The Supreme Court improperly set aside the jury’s verdict on the issue of liability (see, CPLR 4404; Cohen v Hallmark Cards, 45 NY2d 493). Here, the jury "was presented with sharp issues of credibility and the accuracy of the witnesses’ testimony was for its determination” (Albero v Rogers, 143 AD2d 246; see also, Salazar v Fisher, 147 AD2d 470). The jury’s apportionment of liability in this case was based upon a fair interpretation of the evidence. Thus, it should not have been disturbed (see, Nicastro v Park, 113 AD2d 129; see also, Patti v Fenimore, 181 AD2d 869).

However, the court correctly set aside the jury’s verdict with respect to damages since the award was against the weight of the evidence (see, Cohen v Hallmark Cards, supra), and "deviate[d] materially from what would be reasonable compensation” (CPLR 5501 [c]). Pizzuto, J. P., Joy, Krausman and Mc-Ginity JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.