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.
As corrected through Wednesday, February 11, 2009


Jonathan A. Korn, Respondent,
v
First Unum Life Insurance Company, Appellant.

[*1] Begos Horgan & Brown, LLP, Bronxville, N.Y. (Patrick W. Begos of counsel), for appellant.

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.