DOUGLAS DANNER AND DONNA DANNER PLAINTIFFS RESPONDENTS v. RAYMOND CAMPBELL DEFENDANT APPELLANT (2017)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Defendant appeals from an order granting plaintiffs' motion to set aside the jury verdict as against the weight of the evidence and ordering a new trial.  We affirm.  “A motion to set aside a jury verdict as against the weight of the evidence ․ should not be granted ‘unless the preponderance of the evidence in favor of the moving party is so great that the verdict could not have been reached upon any fair interpretation of the evidence’ “ (Ruddock v. Happell, 307 A.D.2d 719, 720, quoting Dannick v. County of Onondaga, 191 A.D.2d 963, 964;  see Lolik v. Big v. Supermarkets, 86 N.Y.2d 744, 746;  McMillian v. Burden, 136 AD3d 1342, 1343).  “[T]he question whether a verdict is against the weight of the evidence involves what is in large part a discretionary balancing of many factors” (Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499).  We agree with Supreme Court that the jury's determination finding plaintiff Douglas J. Danner 75% at fault for the accident and defendant only 25% at fault is against the weight of the evidence (see Bonds v. Laidlaw Tr., Inc., 61 AD3d 1345, 1346).

Frances E. Cafarell

Clerk of the Court