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Rossetti v. Campanella

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 552 (N.Y. App. Div. 1986)

Opinion

March 3, 1986

Appeal from the Supreme Court, Westchester County (Burchell, J.).


Judgment affirmed, with costs.

On the basis of this record, it cannot be said that the jury verdict was against the weight of the evidence. A jury verdict may not be set aside on this ground unless it could not have been reached on any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).

In addition, the plaintiff cannot claim on appeal that it was error for the trial court not to instruct the jury on the doctrine of res ipsa loquitur, since she did not request such a charge at the trial, nor did she object at that time to the trial court's failure to so charge (see, CPLR 4110-b; Kalin v. Robert Catino, Inc., 20 A.D.2d 549). Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.


Summaries of

Rossetti v. Campanella

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 552 (N.Y. App. Div. 1986)
Case details for

Rossetti v. Campanella

Case Details

Full title:SHIRLEY ROSSETTI, Appellant, v. IGNATIUS J. CAMPANELLA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 3, 1986

Citations

118 A.D.2d 552 (N.Y. App. Div. 1986)

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