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Augustine v. New York City Transit Authority
118 A.D.3d 475
| N.Y. App. Div. | 2014
|
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Order, Supreme Court, New York County (Cynthia Kern, J.), entered February 27, 2012, which denied plaintiffs’ motion to set aside the jury’s verdict in favor of defendant, unanimously affirmed, without costs.

*476The motion court properly found that the verdict was not against the weight of the evidence (see generally McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206 [1st Dept 2004]). The jury weighed the credibility of the witnesses and the evidence, and its determination was based upon a fair interpretation of the evidence (see Williams v City of New York, 109 AD3d 744 [1st Dept 2013]; White v New York City Tr. Auth., 40 AD3d 297 [1st Dept 2007]).

Concur—Gonzalez, EJ., Sweeny, Moskowitz, Freedman and Kapnick, JJ.

Case Details

Case Name: Augustine v. New York City Transit Authority
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 10, 2014
Citation: 118 A.D.3d 475
Court Abbreviation: N.Y. App. Div.
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