# Brown v. Taylor

> Appellate Division of the Supreme Court of the State of New York · November 14, 1995 · 221 A.D.2d 208

URL: https://www.frixlaw.com/law-library/cases/5994950

## Case

- **Full name:** Gladys F. Brown v. Roger Taylor
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 14, 1995
- **Citations:** 221 A.D.2d 208; 633 N.Y.S.2d 170; 1995 N.Y. App. Div. LEXIS 11618
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5994950

## Opinion text

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered May 10, 1995, granting plaintiffs’ motion to set aside the verdict, unanimously reversed, on the law, without costs or disbursements, the motion denied and the verdict reinstated.
In this rather routine two-vehicle accident tried on the issue of liability only, damages having been stipulated to at the sum of $250,000, said sum to be reduced proportionately by any comparative negligence assessed against the plaintiff driver, the jury was presented with a classic case of conflicting accounts, which it resolved in favor of the defendants, a bus *209 driver and his employer. While a trial court may, in the exercise of discretion, set aside a verdict, it may not do so merely because it disagrees with the result. Its power in this area must be exercised with caution since, in the absence of an indication that substantial justice has not been done, a litigant is entitled to the benefit of a favorable verdict. Fact-finding is within the province of the jury, not the trial court. "[A] jury verdict in favor of a defendant should not be set aside unless 'the jury could not have reached the verdict on any fair interpretation of the evidence’.” (Nicastro v Park, 113 AD2d 129, 134 , quoting Delgado v Board of Educ., 65 AD2d 547 , affd 48 NY2d 643 ; see, Ellis v Hoelzel, 57 AD2d 968 .) In the instant case, there is no basis upon which to set aside the verdict. Concur—Sullivan, J. P., Kupferman, Williams and Tom, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5994950. Public record. Not legal advice.