Case law, Lawsuit, Legal advice, Legal instrument, New York, New York State, New York State Legislature Website, Pursuant to the New York CPLR a Court may set aside a jury verdict if ….. (FOR EDUCATIONAL PURPOSE ONLY ...NOT TO BE USED IN LITIGATION), Specific finding
CPLR 4404(a) states, inter alia, that a court may set aside a jury verdict and “order a new trial . . . where the verdict is contrary to the weight of the evidence.” “A jury verdict should not be set aside as contrary to the weight of the evidence unless the evidence so preponderate[s] in favor of the [moving party] that the jury could not have reached the verdict by any fair interpretation of the evidence'” (Seong Yim Kim v New York City Tr. Auth., 87 AD3d 531, 532, quoting Acosta v City of New York, 84 AD3d 706, 708). “It is within the province of the jury to determine issues of credibility, and great deference is accorded to the jury given its opportunity to see and hear the witnesses” (Palermo v Original California Taqueria, Inc., 72 AD3d 917, 918).
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