Appellate Division of the Supreme Court of New York, 2014

Agui v. Fernandez

Appellate Division of the Supreme Court of New York · Decided January 15, 2014

113 A.D.3d 645; 978 N.Y.2d 696

Cases that cite this one

5 later published cases cite this decision.

Bongiovanni v. Eckhardt (Appellate Division of the Supreme Court of New York 2019)
McKenzie v. Southside Hosp. (Appellate Division of the Supreme Court of New York 2018)
Wilson v. County of Westchester (Appellate Division of the Supreme Court of New York 2017)
Gangadeen v. Roman (Appellate Division of the Supreme Court of New York 2016)
Rivera v. Motor Vehicle Accident Indemnification Corp. (Appellate Division of the Supreme Court of New York 2014)

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 should not be set aside as contrary to the weight of the evidence unless the evidence so preponderates in favor of the moving party that the jury could not have reached its verdict by any fair interpretation of the evidence (see Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]; Adetimirin v Howland Hook Hous. Co., Inc., 92 AD3d 814 [2012]; Nicastro v Park, 113 AD2d 129, 133-134 [1985]). Here, it was a fair interpretation of the evidence for the jury to have found that the plaintiff, a pe*646destrian, was not in the crosswalk when the defendant driver started making his turn, and that the defendant driver could not see the plaintiff (see Seong Yim Kim v New York City Tr. Auth., 87 AD3d 531, 533 [2011]; Collazo v Metropolitan Suburban Bus Auth., 68 AD3d 803, 804 [2009]). Accordingly, the Supreme Court should not have set aside the jury’s verdict in favor of the defendants. Leventhal, J.P., Chambers, Lott and Hinds-Radix, JJ., concur.

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