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Thompson v. A.J.S. Produce Corp.

Citations: 240 A.D.2d 561; 659 N.Y.S.2d 985; 1997 N.Y. App. Div. LEXIS 6888

Court: Appellate Division of the Supreme Court of the State of New York; June 16, 1997; New York; State Appellate Court

Narrative Opinion Summary

A.J.S. Produce Corporation appeals from a Supreme Court order and judgment related to a personal injury case. The court denied A.J.S. Produce's motion to set aside a jury verdict in favor of the plaintiff and subsequently entered a judgment awarding the plaintiff $55,000. The appeal from the order is dismissed because the right to appeal terminated upon the entry of judgment. The issues raised in the appeal from the order have been reviewed in the context of the appeal from the judgment. The court found that the plaintiff's evidence of serious injury met legal standards and that the jury's verdict was not against the weight of the evidence. The judgment is affirmed, and the plaintiff is awarded one bill of costs. Judges Joy, Friedmann, Florio, and McGinity concur in the decision.

Legal Issues Addressed

Affirmation of Judgment and Award of Costs

Application: The judgment in favor of the plaintiff was affirmed, and the plaintiff was awarded costs.

Reasoning: The judgment is affirmed, and the plaintiff is awarded one bill of costs.

Review of Issues in Appeal from Judgment

Application: The issues initially raised in the appeal from the order were considered in the context of the appeal from the judgment.

Reasoning: The issues raised in the appeal from the order have been reviewed in the context of the appeal from the judgment.

Sufficiency of Evidence Supporting Jury Verdict

Application: The court determined that the plaintiff provided sufficient evidence to meet the legal standards of serious injury, and the jury's verdict was supported by the weight of the evidence.

Reasoning: The court found that the plaintiff's evidence of serious injury met legal standards and that the jury's verdict was not against the weight of the evidence.

Termination of Right to Appeal upon Entry of Judgment

Application: The court dismissed the appeal from the order because the entry of judgment terminated the right to appeal from that order.

Reasoning: The appeal from the order is dismissed because the right to appeal terminated upon the entry of judgment.