Appellate Division of the Supreme Court of New York, 1998

Hommel v. Garelick Manufacturing Co.

Hommel v. Garelick Manufacturing Co.
Appellate Division of the Supreme Court of New York · Decided October 2, 1998
254 A.D.2d 835; 678 N.Y.S.2d 191; 1998 N.Y. App. Div. LEXIS 10582
Hommel v. Garelick Manufacturing Co.

Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: After Supreme Court directed a verdict in plaintiffs’ favor on the issue of liability at the trial of this products liability action, the jury returned a verdict awarding plaintiffs no damages. The court properly denied plaintiffs’ motion to set aside the verdict as contrary to the weight of the evidence (see, CPLR 4404 [a]). There is a fair interpretation of the evidence that plaintiffs did not sustain an identifiable compensable injury or any economic loss (see generally, Nicastro v Park, 113 AD2d 129, 134-135). (Appeal from Judgment of Supreme Court, Onondaga County, Buckley, J. — Negligence.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

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