PAUL GRASSI ET AL., APPELLANTS, v. KURT ULRICH ET AL., RESPONDENTS.
87 N.Y.2d 954, 664 N.E.2d 499, 641 N.Y.S.2d 588 (1996).
February 20, 1996
3 No. 120 SSM 69(1996 NY Int. 37)
Decided February 20, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Cynthia Feathers, for Appellants.
Submitted by James A. Lombardo, for Respondents.
MEMORANDUM:
The order of the Appellate Division should be reversed, with costs,
and the matter remitted to that court for further proceedings in
accordance with this memorandum.
Plaintiff Paul Grassi commenced this personal injury action against
defendants for injuries to his neck, left arm and left hand allegedly
sustained after the car driven by defendant Kurt Ulrich collided with
plaintiff's vehicle. Defendants stipulated that Ulrich's negligence
caused the accident, but presented expert proof to establish that
plaintiff's injuries were the result of a pre-existing degenerative
condition and not the accident, as plaintiff's experts opined. The
jury returned a verdict in defendants' favor, and the trial court
denied plaintiff's motion pursuant to CPLR 4404(a) to set aside the
verdict as against the weight of the evidence.
The Appellate Division erred in curtailing its review of the denial
of that motion after simply finding record evidence to support the
jury's verdict (see, Lolik v Big V Supermarket, 86 NY2d 744).
Having found sufficient evidence to support the verdict, the court was
then required to consider the conflicting medical evidence presented
by plaintiff and determine "whether 'the evidence so preponderate(d)
in favor of the (plaintiff) that (the verdict) could not have been
reached on any fair interpretation of the evidence'" (id., at 746,
quoting Moffatt v Moffatt, 86 AD2d 864, affd 62 NY2d 875).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules,
order reversed, with costs, and case remitted to the Appellate
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
for Respondents.
The order of the Appellate Division should be reversed, with costs, and the matter remitted
Plaintiff Paul Grassi commenced this personal injury action against defendants for injuries
Defendants stipulated that Ulrich's negligence caused the accident, but presented expert
The jury returned a verdict in defendants' favor, and the trial court denied plaintiff's
The Appellate Division erred in curtailing its review of the denial of that motion after
Having found sufficient evidence to support the verdict, the court was then required to
On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs,
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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