Cuji v. 225 Fourth, LLC

Summary

The Appellate Division, Second Department reversed a judgment dismissing the plaintiff's personal-injury action arising from demolition work and reinstated the complaint. The court held that the jury's verdict in favor of the defendants could not have been reached on any fair interpretation of the evidence and remitted the matter for a new trial.

Holdings

1. The verdict in favor of defendants could not have been reached on any fair interpretation of the evidence and therefore had to be set aside.
2. There is no preservation requirement for appellate review of a verdict as contrary to the weight of the evidence.

Questions Presented

1. Whether the jury's verdict in favor of defendants could stand when the evidence did not fairly support the verdict.
2. Whether appellate review of the verdict as contrary to the weight of the evidence was subject to a preservation requirement.

Disposition

reversed_and_remanded