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Shencavitz v. Bellafiore

Joyce Shencavitz v. Frank Bellafiore

Shencavitz v. Bellafiore, 254 A.D.2d 271 (1998)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
October 5, 1998
Citations
254 A.D.2d 271678 N.Y.S.2d 2891998 N.Y. App. Div. LEXIS 10046

Opinion of the Court

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In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Newmark, J.), entered August 19, 1997, which, upon a jury verdict in favor of the defendants, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

A jury verdict will not be set aside as against the weight of the evidence unless the jury could not have reached its conclusion upon any fair interpretation of the evidence (see, Walters v Castle Vil. Owners Corp., 166 AD2d 316 ). Contrary to the plaintiffs’ contention, a rational jury could have concluded that the defendants were not negligent.

The plaintiffs’ remaining contention is not preserved for appellate review (see, Burke v Santoro, 172 AD2d 579 ; Goldberg v Union Hardware Co., 162 AD2d 658 ). Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.

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Authorities cited 3

DepthCaseCited by
Goldberg v. Union Hardware Co., 162 A.D.2d 658 (1990) 8
Walters v. Castle Vill. Owners Corp., 166 A.D.2d 316 (1990) 6
Burke v. Santoro, 172 A.D.2d 579 (1991) 3

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