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Figueredo v. Daily News, Inc.

288 A.D.2d 341 Court N.Y. App. Div. Decision date 2001-11-19 English

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p. 341
Edilia Figueredo, Appellant, v Daily News, Inc., et al., Respondents.
[733 NYS2d 872]

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Milano, J.), entered May 23, 2000, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against her.

Ordered that the judgment is affirmed, with costs.

A court has the power to “set aside a jury verdict and grant a new trial when the jury’s determination is palpably incorrect and a substantial injustice would be done if the verdict were sustained” (Kaminski v Modern Italian Bakery, 270 AD2d 232 [internal quotation marks omitted]; see, Nordhauser v New York City Health & Hosps. Corp., 176 AD2d 787 , 789). The verdict was not against the weight of the evidence, as the jury properly assessed the witnesses, the accuracy of their testimony, and the discrepancies therein (see, Teneriello v Travelers Cos., 264 AD2d 772 ).

Furthermore, the evidence adduced at trial was insufficient to establish a prima facie violation of Vehicle and Traffic Law

p. 342
§ 1144. Therefore, the Supreme Court properly did not charge the jury concerning General Municipal Law § 205-e (cf, Cotter v Spear, 139 AD2d 555 ). Altman, J. P., H. Miller, Feuerstein and Cozier, JJ., concur.

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