Hommel
v.
Garelick Manufacturing Co.

Appellate Division of the Supreme Court of New York, Fourth DepartmentOct 2, 1998
678 N.Y.S.2d 191 (N.Y. App. Div. 1998)
678 N.Y.S.2d 191254 A.D.2d 835

October 2, 1998

Appeal from Judgment of Supreme Court, Onondaga County, Buckley, J. — Negligence.

Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.


Judgment unanimously affirmed without costs. Memorandum: After Supreme Court directed a verdict in plaintiffs' favor on the issue of liability at the trial of this products liability action, the jury returned a verdict awarding plaintiffs no damages. The court properly denied plaintiffs' motion to set aside the verdict as contrary to the weight of the evidence ( see, CPLR 4404 [a]). There is a fair interpretation of the evidence that plaintiffs did not sustain an identifiable compensable injury or any economic loss ( see generally, Nicastro v. Park, 113 A.D.2d 129, 134-135).