Sideris v. Town of Huntington
Cases that cite this one
9 later published cases cite this decision.
- Servelli v. County of Westchester (Appellate Division of the Supreme Court of New York 2014)
- Servelli v. County of Westchester (Appellate Division of the Supreme Court of New York 2014)
- Faisal v. Mayronne (Appellate Division of the Supreme Court of New York 2005)
- Fischer v. Westchester County (Appellate Division of the Supreme Court of New York 2005)
- Kane v. Triborough Bridge & Tunnel Authority (Appellate Division of the Supreme Court of New York 2004)
- Aloe v. Lehmann (Appellate Division of the Supreme Court of New York 2002)
- Jonas v. Wolfersberger (Appellate Division of the Supreme Court of New York 2001)
- Grant v. St. Luke's Roosevelt Hospital (Appellate Division of the Supreme Court of New York 2000)
- Calafiura-Ehrlich v. Spiros Systems 40 Inc. (Appellate Division of the Supreme Court of New York 1999)
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
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered May 23, 1996, which, upon a jury verdict, is in favor of the defendant and against him dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
A jury verdict should not be set aside as against the weight of the evidence unless the jury could not have reached its verdict on any fair interpretation of the evidence (see, Nicastro v Park, 113 AD2d 129). Determinations of the credibility of the witnesses is for the fact finder, who had the opportunity to see and hear the witnesses (see; Frangello v Namm, 157 AD2d 649; Birnbaum v All-State Vehicle, 139 AD2d 553; Sheps v Hall & Co., 112 AD2d 281). The verdict in the defendant’s favor is supported by a fair interpretation of the evidence.
The court did not improvidently exercise its discretion in excluding evidence of prior accidents at the site occurring under conditions which were not substantially similar to those of the instant accident (see, Hyde v County of Rensselaer, 51 NY2d 927, 929; Meagher v ARA Servs., 235 AD2d 404). Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.