Appellate Division of the Supreme Court of New York, 2012

Lopreiato v. Scotti

Appellate Division of the Supreme Court of New York · Decided December 12, 2012

101 A.D.3d 829; 954 N.Y.2d 895

Cases that cite this one

24 later published cases cite this decision.

Thompson v. East Coast 6, LLC (Appellate Division of the Supreme Court of New York 2017)
Russo v. Mignola (Appellate Division of the Supreme Court of New York 2016)
Sessa v. Seddio (Appellate Division of the Supreme Court of New York 2015)
Abuzeed v. Mile Square Transportation, Inc. (Appellate Division of the Supreme Court of New York 2014)
Felicia v. Boro Crescent Corp. (Appellate Division of the Supreme Court of New York 2013)
Felicia v. Boro Crescent Corp. (Appellate Division of the Supreme Court of New York 2013)
Cordice v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2019)
Stancati v. Gunzburg (Appellate Division of the Supreme Court of New York 2018)
Anderson v. McCartan (Appellate Division of the Supreme Court of New York 2018)
Newman Scarpulla v. Williams (Appellate Division of the Supreme Court of New York 2017)
Kohler v. Barker (Appellate Division of the Supreme Court of New York 2017)
Gibson v. Singh Towing, Inc. (Appellate Division of the Supreme Court of New York 2017)
Henriquez v. Rovt (Appellate Division of the Supreme Court of New York 2014)
Scalogna v. Osipov (Appellate Division of the Supreme Court of New York 2014)
Scalogna v. Osipov (Appellate Division of the Supreme Court of New York 2014)
JAOUDE, MARIA L. v. HANNAH, MATTHEW E. (Appellate Division of the Supreme Court of New York 2013)
Crooks v. E. Peters, LLC (Appellate Division of the Supreme Court of New York 2013)
Crooks v. E. Peters, LLC (Appellate Division of the Supreme Court of New York 2013)
Soto v. Elmback Owners, LLC (Appellate Division of the Supreme Court of New York 2013)
Soto v. Elmback Owners, LLC (Appellate Division of the Supreme Court of New York 2013)
Doran v. McNulty (Appellate Division of the Supreme Court of New York 2013)
Doran v. McNulty (Appellate Division of the Supreme Court of New York 2013)
Wallace v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Wallace v. City of New York (Appellate Division of the Supreme Court of New York 2013)

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

“[A] jury verdict in favor of a defendant should not be set aside as contrary to the weight of the evidence unless the evidence preponderates so heavily in the plaintiffs favor that the verdict could not have been reached on any fair interpretation of the evidence” (Daniels v Simon, 99 AD3d 658, 659 [2012]; see Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]). *830“Whether a jury verdict should be set aside as contrary to the weight of the evidence does not involve a question of law, but rather requires a discretionary balancing of many factors” (Jean-Louis v City of New York, 86 AD3d 628, 628-629 [2011]; see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]; Nicastro v Park, 113 AD2d 129, 133 [1985]). “ Tt is for the jury to make determinations as to the credibility of the witnesses, and great deference in this regard is accorded to the jury, which had the opportunity to see and hear the witnesses’ ” (Jean-Louis v City of New York, 86 AD3d at 629, quoting Exarhouleas v Green 317 Madison, LLC, 46 AD3d 854, 855 [2007]). Here, contrary to the contention of the plaintiffs Nicola Lopreiato and Vana Lopreiato (hereinafter together the appellants), the jury’s determination that Nicola Lopreiato did not sustain an injury under the 90/ 180 day category of Insurance Law § 5102 (d) and, thus, that he did not sustain a serious injuiy within the meaning of that section, was not against the weight of the evidence.

The appellants’ remaining contentions either are without merit or not properly before this Court. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.

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