Korn v First Unum Life Ins. Co. |
2008 NY Slip Op 10589 [57 AD3d 948] |
December 30, 2008 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Jonathan A. Korn, Respondent, v First Unum Life Insurance Company, Appellant. |
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Quadrino Schwartz, Garden City, N.Y. (Richard J. Quadrino of counsel), for respondent.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Westchester County (Colabella, J.), dated December 11, 2006, which, upon a jury verdict, and upon the denial of its motion pursuant to CPLR 4404 (a) for judgment as a matter of law or, in the alternative, to set aside the jury verdict as against the weight of the evidence and for a new trial, is in favor of the plaintiff and against it in the total sum of $1,960,618.79.
Ordered that the judgment is affirmed, with costs.
Viewing the evidence in the light most favorable to the plaintiff (see Campbell v City of Elmira, 84 NY2d 505, 509 [1994]), we find that a valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the jury herein. Moreover, the verdict was supported by a fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129, 134 [1985]). Skelos, J.P., Santucci, McCarthy and Dickerson, JJ., concur.