Perchuk v. Narod

Summary

The New York Appellate Division, Second Department, affirmed a judgment awarding Beth Johnston Perchuk $36,000 in damages for breach of a partnership agreement addendum. The court dismissed certain appeals as brought by parties who were not aggrieved and held that the jury's damages verdict was neither a ministerial error nor contrary to the weight of the evidence.

Holdings

1. The appeal from the order fixing prejudgment interest was dismissed because the plaintiffs were not aggrieved by that order.
2. IWLA, Inc.'s appeal from the judgment was dismissed because IWLA was not aggrieved by the judgment.
3. The $36,000 damages verdict could not be corrected because the record did not show a mere ministerial or clerical error.
4. The contention that the verdict was internally inconsistent was unpreserved because Perchuk did not object before the jury was discharged.
5. The damages verdict was not contrary to the weight of the evidence because a reasonable jury could have reached the $36,000 award based on a fair interpretation of the conflicting evidence.

Questions Presented

1. Whether the plaintiffs were aggrieved by the order fixing prejudgment interest.
2. Whether IWLA, Inc. was aggrieved by the judgment.
3. Whether the jury's $36,000 damages verdict should be corrected as the result of a ministerial or clerical error.
4. Whether the damages verdict was internally inconsistent and whether that contention was preserved for appellate review.
5. Whether the damages verdict was contrary to the weight of the evidence.

Disposition

affirmed