Appellate Division of the Supreme Court of New York, 1997

Arlotta v. J & J Equipment Rental Corp.

Arlotta v. J & J Equipment Rental Corp.
Appellate Division of the Supreme Court of New York · Decided December 22, 1997
245 A.D.2d 478; 666 N.Y.S.2d 39; 1997 N.Y. App. Div. LEXIS 13281
Arlotta v. J & J Equipment Rental Corp.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the third-party defendant, New York Paving, Inc., s/h/a New York Paving Company, Inc., appeals from so much of a judgment of the Supreme Court, Kings County (Belen, J.), dated November 12, 1996, as, upon a jury verdict, is in favor of the third-party plaintiff, J & J Equipment Rental Corp., and against it in the principal sum of $760,236.30.

Ordered that the judgment is affirmed insofar as appealed from, with costs to the plaintiffs-respondents.

Contrary to the appellant’s contention the court properly denied its motion to set aside the verdict as against the weight of the evidence as it was supported by a fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744). Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.

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