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Ames v. ShuteAmes v. Shute

Appellate Division of the Supreme Court of the State of New York
Dec 30, 2011
Versions:90 A.D.3d 1629
936 N.Y.2d 586

Memorandum: Plaintiff commenced this action seeking damages for injuries that she sustained when she fell upon stepping in a gap in the concrete at a service station owned and operated by defendant. The jury returned a verdict of no cause of action, and Supreme Court denied plaintiff‘s post-trial motion to set aside the verdict as against the weight of the evidence and for a new trial. Contrary to plaintiff‘s contention, the verdict is not against the weight of the evidence, i.e., it cannot be said that “the preponderance of the evidence in favor of [plaintiff] is so great that the verdict could not have been reached upon any fair interpretation of the evidence” (Dannick v County of Onondaga, 191 AD2d 963, 964 [1993]; see generally Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]).

Case Details

Case Name: Ames v. Shute
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 30, 2011
Citations: 90 A.D.3d 1629; 936 N.Y.2d 586
Court Abbreviation: N.Y. App. Div.
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