Paterson v. Ellis
Cases that cite this one
4 later published cases cite this decision.
- MAZELLA, JANICE v. BEALS, M.D., WILLIAM (Appellate Division of the Supreme Court of New York 2014)
- Mazella v. Beals (Appellate Division of the Supreme Court of New York 2014)
- Mazella v. Beals (Appellate Division of the Supreme Court of New York 2014)
- Cowley v. Kahn (Appellate Division of the Supreme Court of New York 2002)
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
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of plaintiffs motion pursuant to CPLR 4404 (a) seeking to set aside the jury verdict on the apportionment of liability as against the weight of the evidence and ordering a new trial on that issue. The standard for determining whether the jury’s verdict is against the weight of the evidence is whether the evidence so preponderated in plaintiffs favor that the verdict could not have been reached on any fair interpretation of the evidence (see, Lolik v Big V Supermarkets, 86 NY2d 744, 746). In this case, a fair interpretation of the evidence supports the jury’s finding that plaintiff was 75% at fault. Plaintiff, a pedestrian, crossed a road between vehicles and outside of a crosswalk, and gave contradictory testimony concerning the pace at which she was walking. “The jury, which
Case-law data current through December 31, 2025. Source: CourtListener bulk data.